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(영문) 부산지방법원 2015.10.22 2015고단4612

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Special damage: (a) around 22:40 on June 30, 2015, the Defendant: (b) destroyed the entrance door and the new door door of the gate so that the victim, who resides in the victim D (year 54) located in Busan Jin-gu C, could cause inconvenience to the victim, such as humping the music, by setting the music, which is a dangerous object (30 cm in total length) with respect to an anti-highly dangerous object (the total length). (c) The Defendant: (d) opened the entrance door of the victim at the seat of the racker; and (d) opened the new door and the new door of the rack so that the victim would have a repair cost of approximately KRW 1,150,000 in total by putting the door inside the racker.

Accordingly, the defendant damaged the victim's property by using dangerous things.

2. Violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) (the Defendant) committed several times with the victim’s side flapsing three times by plucking the victim’s left hand with the victim’s hand, and then plucking up with the victim’s chest flapsing the victim’s chest.

As a result, the Defendant carried dangerous things and inflicted injury on the victim such as salt, tension, etc. in a shoulder that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Seizure records;

1. Statement of opinion;

1. Application of the written estimate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 257 (1), 369 (1) and 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. In the case of a minor injury on the grounds of sentencing under Article 48(1)1 of the Criminal Act for the purpose of sentencing of Article 48(1)1 of the Confiscation Act, Type 1 (Scope of Recommendation) (Habitual Injury, Bodily Injury, Bodily Injury, Bodily Injury, Bodily Injury, Special Bodily Injury) shall be subject to special mitigation (Act No. 9 to February 6).