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(영문) 부산지방법원 2014.09.18 2014고단5794
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

On June 15, 2014, the defendant, around 18:20 on June 15, 2014, while drinking alcohol on the road in front of the reputation of the 110th century, Busan, the defendant suffered a dispute with his nameless male.

In this regard, the victim C, who took a bath or bath of the dog, collected the part of the victim C's left head, which is a dangerous object in the matroke, and calculated the part of the victim C's left head, and caused an unsatisfy in the number of treatment days by breaking the flab.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to C

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( considered the following favorable sentencing grounds):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act / [the scope of recommendation] The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution / [the scope of special mitigation] / the special mitigation area (9 to 2 months) / the special mitigation area (including efforts to recover damage), the case where minor injuries, the violation of punishment (including voluntary efforts to recover damage), or considerable damage has been restored [the decision of sentence] 1 year and six months of imprisonment [the decision of sentence] 1 year and six months of suspended sentence, and 2 years of suspended sentence (the defendant had a power to commit the same kind of crime at several times, again committed the crime in this case. However, although the defendant again committed the crime in this case, the reason for the crime in this case, relationship with the victim, the fact that the victim agreed with the victim, the result of the injury minor, the family form

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