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(영문) 부산지방법원 2016.08.10 2015고단3520

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. 피해자 C 피고인은 2014. 8. 7. 22:27 경 부산 북구 구포동 소재 구포 역 광장에서, 일행 10 여 명과 함께 속칭 ‘ 도리 짓고땡’ 도박을 하던 중, 피해자 C(55 세) 이 도박을 하지 말라고

On the ground of shocking, with stone strawing, which is a dangerous object in which a chemical is in danger of the chemical, and with stone strawing 14cm in diameter and 5cm in thickness, the victim injured the victim by making the strawing part of the victim's head one time before the victim's hair so that the victim can not know the number of days of treatment.

2. The Defendant D, at the above time and place, inflicted injury on the victim D (55 years old) who had fighting with stone, which is a dangerous object, caused the victim’s head to the head of the victim, and caused the victim to escape from the head in which the number of days of treatment cannot be ascertained.

Summary of Evidence

1. Each legal statement of witness C, D, and E;

1. Report on investigation - Application of Acts and subordinate statutes to photographs;

1. The crime of this case on the grounds of sentencing of Articles 258-2(1) and 257(1) of the Criminal Act for criminal facts is serious when considering the fact that the defendant, even though he had been punished for the same kind of crime, was able to inflict an injury on the victims with stone, which is a dangerous object, and that the damage is not recovered, the crime of this case is committed.

However, it appears that the victims are not injured, and the sentencing conditions in the records, such as the defendant's age, occupation, sex, motive and background of the crime, and circumstances before and after the crime, are determined the same as the order.