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(영문) 부산지방법원 2015.06.01 2015고단2230

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

However, 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

At around 00:30 on February 6, 2015, the Defendant: (a) seeed the horses from the victim E (the age of 59) who was seated in the next place of the “D” manpower office located in Geum-gu, Busan, the Defendant: (b) followed the victim’s illness; (c) followed the victim’s head, and (d) followed the victim’s head, thereby making it difficult for the victim to know the number of days of treatment; (d) the Defendant she saw the horses from the victim E (the age of 59).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the investigation report (No. 3) Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury by using dangerous articles);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : the applicable sentence that has no basic area (2 to 4 years) (2 to 2 years) of category 1 (2 to 4) of habitual injury, repeated injury, special injury, and the scope of comparison of recommended sentence: 3 to 4 years (decision of sentence / 3 to 4 years] main sentence is a crime in which the victim’s head was taken off and thereby the victim was inflicted an injury.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the confession of the accused, the fact that the accused seems to have committed the principal offense by contingent agreement with the victim, the fact that the victim wants to leave the front of the accused, the family relationship of the accused, support relationship, etc., and the sentencing guidelines set by the Supreme Court Sentencing Committee, shall be determined like the order.