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(영문) 부산지방법원 2014.10.08 2014고단6143

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

At around 16:30 on June 27, 2014, the Defendant, at the 3rd floor of the construction site of the Seoul metropolitan commercial building in Busan Northern District, had a dispute over the victim D (manam, 65) who had been engaged in daily work at the same place, on the ground that he did not bring about his demand to raise construction materials, performed a bat of the victim's bat, taken the victim's face at drinking, taken the victim's face at drinking, taken the victim's bat(45cm in total length) at one time, and put about about 21 days on the victim's bat, etc., which is a dangerous object (45cm in total).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the mitigation area (1 year and six months to two years), mitigation area (1 year and six months to six months), penalty exemption (including advanced efforts for recovery of damage), or considerable damage has been restored to the sentencing criteria [Scope of recommendation] for habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, and special injury) for habitual injury;

2. The degree of damage to a sentence of punishment is not relatively more severe, and considering the fact that the defendant has no record of criminal punishment for the last ten years and that he/she has agreed with the victim only smoothly.