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(영문) 부산지방법원 2015.10.07 2015고단4621

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 became final and conclusive.

Reasons

Punishment of the crime

On June 16, 2015, at the main point of "D" located in Gangseo-gu Busan Metropolitan City, around 00:35, the Defendant took a bath to the victim E (the age of 57) (the age of 57) who did drinking with the Defendant by drinking together with the Defendant, and caused the victim's head one time by the string of a shoulder-scopic illness, which is a dangerous object by destroying the relevant infectious disease, and caused three times the victim's head to be scam with the hands-on.

As a result, the defendant carried dangerous things with the victim, who suffered from an incurable injury such as a heat in a sacrific part.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to photographs and field photographs of the upper part of the body;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (resumed as follows)

1. The scope of applicable sentences: one year and six months from fifteen years to fifteen years;

2. Sentencing criteria [Determination of Penalty] Habitual injury, special injury by repeated injury, Type 1 (Special Bodily Injury), mitigation area (Special Convicted Person] Punishment and Non-Mitigation of Punishment (Scope of Punishment and Punishment) (Scope of Punishment and Punishment) : From June to June 1 to June 2.

3. Although the nature of the crime of this case, which inflicted an injury on the victim due to a shouldered main illness, is very poor, the degree of injury is not severe, the victim and the victim have agreed smoothly, and the fact that there is no record of punishment exceeding the fine, etc. shall be considered as favorable circumstances. The punishment of this case shall be determined by comprehensively taking into account the motive and background of the crime of this case, the age, character and conduct, environment, etc. of the defendant.