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(영문) 부산지방법원 2016.05.19 2009고단4823 (1)

폭력행위등처벌에관한법률위반(집단.흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and B are sufficiently divided into the Defendant and the Defendant and the Defendant in 06:00 on May 23, 2009, up to 1st plans for D amusement shop located in Busan Yadong-gu, Busan YA, on the grounds that the victim E and F, who are employees of the same main shop, are in a verbal dispute between the victim and F while drinking together with the victim E and F, and that the victim and F, are in a verbal dispute.

“Along with the victim’s desire, the victim’s breath is click at one time with the victim’s hand floor, and the defendant turns the victim’s head at one time with two scams, which are dangerous objects around, and continuously takes the victim at three times in the same week, and B takes the victim’s head at three ways in the same week, and she takes the victim’s bath, “I am kick with the victim’s head,” and she turns the victim’s face, chest, shoulder, side scam, etc. by exposing the victim’s chest, and she takes the victim’s head at one time with a far away from the dangerous goods, which is a hand.

As a result, the defendant carried dangerous goods jointly with B and inflicted bodily injury on the victim for about three weeks in need of treatment.

Summary of Evidence

1. Entry into each of the defendant and B in the first trial records;

1. A protocol concerning the examination of the suspect of the defendant or B by the prosecution;

1. Statement made by the prosecution against E;

1. Medical certificates and medical records;

1. A complaint;

1. Application of Acts and subordinate statutes to each investigation report (as for the blood, photographs of clothes, two-way illness, etc.);

1. Articles 258-2 (1), 257 (1), and 30 of the Criminal Act concerning the facts constituting the crime, and the choice of imprisonment;

1. Taking into account the fact that there is no record of punishment exceeding a fine for the same kind of crime for the reason of sentencing under Article 62(1) of the Criminal Act, the level of punishment B which is an accomplice, and the fact that a sentence is unhued due to a change in law after the crime is committed;