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(영문) 부산지방법원 2015.09.10 2014고단8544

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On July 13, 201, the Defendant assaulted the victim on July 23:30, 201, on the ground that the victim D (here, 46 years of age) 303 of the Busan Northern-gu building C, Busan Northern-gu (hereinafter referred to as “the victim”) was fluencing the victim’s body due to his/her hand and her birth on the ground that the victim D

2. On September 29, 201, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc., with deadly weapons, etc.), on the ground that the victim does not take the Defendant in a sloping mountain in the south-gun of Gyeong-Gun, around September 14:30, 201, the Defendant laid down the victim’s head debt by cutting down the victim’s head debt, booming the victim’s hand, booming the victim’s left part, booming the brus of the victim’s disease, which is a dangerous thing at the victim’s seat, as shown in the victim’s item, and brusheed the victim’s body with his/her hand, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to photographs, written opinions, investigative reports (No. 19), and copies of medical records;

1. Article 260 (1) of the Criminal Act applicable to the crime, Article 260 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

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

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

1. For the reasons for sentencing under Article 62-2 of the Probation Criminal Act, Article 62-2 of the Act on Probation: The range of final sentences based on multiple aggravated crimes for which there is no basic area (two to four years) (the scope of recommending punishment) of Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodily Injury) (the scope of recommending punishment) [the scope of recommending punishment] of Type 1 (General Violence) and the basic area (two to ten months) of the crime (the special violence) (the scope of special violence): the range of sentences compared to the sentences and the recommended sentences for two to four years: the range of sentence compared to the sentences and the recommended sentences after applying the discretionary mitigation for three to four years.