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(영문) 부산지방법원 2013.04.26 2012고단10674

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 of the final judgment.

Reasons

Punishment of the crime

On December 15, 2012, at around 13:50 on December 13:13, 2012, the Defendant: (a) laid down the victim’s head twice with a brick (a 9cm, 11cm in length, 6cm in height) which is a dangerous object at which the victim E (the 46-year-year-old) did not shock, and did not go to the cargo lane work, and caused the victim’s head twice in the head where the number of treatment days cannot be known to the victim; and (b) laid down the back trees once, the Defendant sustained the victim’s head twice with a brick (a 9cm, 11cm in length, 6cm in height) which is a dangerous object at which the victim E (the 46-year-year-old) did not go to the fore part of the head where the number of treatment days

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of investigation reports (general Acts and subordinate statutes);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( comprehensively taking into account all the circumstances, such as the fact that a victim is partially responsible for the occurrence of a crime, exemption from punishment for the victim, contingent crimes, the fact that the victim has no criminal record of suspended execution or more, and the fact that he/she is against the law);

1. It shall be decided as per the Disposition on the grounds of Article 62 (1) of the Criminal Act or more (recognating Reasons for discretionary mitigation);