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(영문) 부산지방법원 2015.07.23 2015고단2771

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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on April 8, 2015, the Defendant sent a cell phone voice message and text message to the victim E (the 30-year-old) who was known to the city in Busan, while drinking in the above restaurant, and found the Defendant as the above restaurant. On the other hand, the Defendant collected a cell phone voice message and text message which contain the contents of the Defendant’s desire to read in the above restaurant. On the other hand, the Defendant collected an empty son’s disease, which is a dangerous object on the table, and collected it, sent it to the victim E, who is an employee of the above restaurant in accordance with the head of the Victim F (the 67-year-old-old-age-old-age-age-age-age-age-age-age-age-age-age-age-age-age-age-of-age-age-of-child treatment.

The Defendant continued to falp the victim E-balpt and fighting the body above the floor, and put the victim into a heat such as a hand hand with which the number of treatment days cannot be known.

Accordingly, the defendant injured the victim E, and carried dangerous objects, and inflicted an injury on the victim F.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of each police statement concerning G and F;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 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. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: (a) the category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi) (1 year and June 2 year), the mitigation area (including serious efforts to recover damage) (1 year and June 2), or considerable partial damage recovery, the second crime [the scope of recommending punishment] general injury area (2-1 year) mitigated (2-1 year).