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(영문) 부산지방법원 동부지원 2013.12.18 2013고단2931

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 20:00 on September 6, 2013, the Defendant told the victim C (the 57-year-old) in Suwon-gu, Busan (the 57-year-old) to take a bath for the victim due to the drinking-price problem, and laid the back head of the victim’s body while taking a bath for the victim, which is a dangerous object, and shown the body of the victim’s body that continued to be out of the sloping, and led the victim to breath of the victim’s left head, which was a favorable object to the victim, and led the victim to tear.

As a result, the Defendant, using the beer disease and beer, which is a dangerous object, inflicted an injury on the victim, such as an open head cover for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written diagnosis of injury;

1. Application of 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the sentence is not imposed to the defendant, and considering the fact that the defendant has agreed smoothly with the victim, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

1. It shall be so decided as per Disposition for the reasons under Articles 32(1) and (2) and 25(3)3 of the Act on Special Cases concerning the Rejection of Action, etc. of Application for Compensation;