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(영문) 부산지방법원 2013.06.12 2013고단710

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 27, 2010, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (organization and activity of an organization, etc.) at the Busan District Court on July 27, 201 and the sentence becomes final and conclusive on March 10, 201.

On April 11, 2007, the Defendant: (a) at a mutual singing room located in Busan-dong, Busan-gu, on the ground that the Defendant, while drinking alcoholic beverages together with the Defendant, including the Victim C (the 32 years of age per party) and drinking alcohol on the ground that the victim does not commit any brucing behavior while under the influence of alcohol; (b) collected two main disease, which is a dangerous thing in that place, thereby getting off the head of the victim one time; and (c) caused the victim by drinking and singing off the body of the victim, the Defendant laid down both internal walls and bridges that require approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the C substitute part of the examination);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (self-gradation, non-gradation of the punishment of the victim, and reflectivity);

1. Article 62 (1) of the Criminal Act;