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(영문) 부산지방법원 2013.10.23 2013고단4779

상해등

Text

A defendant shall be punished by imprisonment for one year.

except that 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

1. At around 19:40 on July 23, 2013, the injured Defendant: (a) was on the street in front of “D” located in Busan Sancho-gu, Busan; (b) was in dispute with the victim E (23 years of age) and the vehicle kidsing problem; (c) was sprinking the victim’s candle, sprinking the victim’s candle on the ground that the victim took a bath; and (d) was sprinking the victim’s face by drinking the victim’s face, and sprinking the victim for 14 days.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) and threatened the victim by taking the kacker knife (15 cm in total length, 8 cm in length) that was dangerous by the Defendant’s knife, while fighting the victim and the body with the victim at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (attaching photographs of the upper part and a witness's statement);

1. Investigation report (as to photographic photographs of the upper part of the suspect E);

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate for injury);

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act [within the scope of the sum total of the long-term punishments stipulated in the Act on the Punishment of Violences, etc. with Heavy Punishment of Violences, etc. (collectively Intimidation, etc.)] among concurrent crimes;

1. The crime of this case, on the grounds of sentencing under Article 62(1) of the Criminal Act, is likely to be committed, as the victim was injured and threatened with knife by knife, and the method of committing the crime is likely to have shotd the victim’s great fear at the time.

However, due to the crimes committed by both assaults, the defendant also suffered bodily injury, and the degree of injury of the victim is relatively much severe, and the defendant is for the victim.