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(영문) 부산지방법원 2015.12.23 2015고단6958

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

On September 26, 2015, at around 02:30 on September 26, 2015, the Defendant, while drinking the victim E(36 years of age) and alcohol in the D cafeteria located in Busan, the Defendant saw the victim's head one time to get off the victim's head, which is a dangerous object on the table of the victim, and led the victim to a second scam where the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the photographic 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. 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] The type 1 (Habitual Injury, Bodily Injury, Bodily Injury, Bodily Injury) shall be mitigated (1 year and June 6) (1 year and June 2) [1 year and June 6] [2] the crime of this case is serious as the crime of this case was committed by the defendant by getting the head of the victim by misunderstanding that is dangerous object as above.

However, considering the fact that the defendant is against the defendant, the victim does not want the punishment of the defendant, the fact that the victim does not want to be punished, the victim does not have any criminal record of a fine or suspension of execution, the fact that the victim seems not to be injured, the defendant's age, character and conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by considering all the circumstances that