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(영문) 부산지방법원 2015.09.23 2015고단3128

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 01:40 on May 3, 2015, the Defendant assaulted the Defendant’s face on the ground that the victim E (the 40-year-old) who was a guest at the 3rd point of “D” main point of “D” operated by the Defendant in Busan Jin-gu, Busan, had a bad behavior against female employees, etc., and caused the Defendant’s face. However, in his hand, the Defendant saw the victim’s head at the bomb, which is a dangerous object on the table, followed the victim’s head at the bomb, and caused the victim to go up about 3 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Application of investigation reports (as to attachment of an injury diagnosis report), damage photographs, and statutes on site photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : (a) the special mitigation (based on the bottom of the sentence of habitual offense, repeated offense, and special injury) (based on the period between January and June 2, and the bottom of the statutory applicable sentences) / [Special Convict] the victim is also responsible for the occurrence of a crime or the expansion of damage; (b) the crime of this case is not subject to punishment [decision of the sentence]; and (c) the crime of this case is committed by the victim by taking the head of the victim due to the minor illness, which is the dangerous object of the defendant and causing injury that requires approximately three weeks of medical treatment.

However, considering the fact that the defendant is against the defendant, that the victim does not want the punishment of the defendant, that the victim is also responsible for the occurrence of the crime or the expansion of damage, that there is no particular criminal record for more than 20 years since 192, and that there is no other criminal record, the punishment as ordered shall be determined by taking into account all the circumstances such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime.