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(영문) 부산지방법원 2015.07.09 2014고단8576 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 1, 2014, the Defendant: (a) around 1, 2014, on the ground that the victim E (the 51-year-old) was satisfying on the part of the victim E (the 51-year-old) who was getting on and off the front part of the Defendant’s satisfy; (b) caused the victim’s batfying of bat; and (c) caused the victim’s batfying of bat; and (d) caused the victim’s face and body by drinking and satisfy, etc., which requires approximately four weeks of medical treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] General In cases where the basic area (including persons subject to special mitigation) of types 1 (Article 4-1 and 6) (Article 62 (1) of the Criminal Act), no penalty is imposed (including serious efforts to recover damage), or considerable damage has been recovered, / [Article 62 (1) of the Criminal Act] of the suspended sentence, there is no previous conviction exceeding fines, and there is no previous conviction exceeding fines, and considering the fact that the victim and the victim have agreed smoothly with each other;