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(영문) 부산지방법원 2013.11.27 2013고단6290
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment for 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

1. On July 13, 2010, the Defendant violated the Punishment of Violences, etc. Act (joint injury) reported that D, a vexio cudio parking lot in Busan Yung-gu, Busan, would be dissatisfied with the victim E (the age of 54), and the victim expressed that “I will come to come to the victim’s face.” On the other hand, the Defendant sent the victim’s face at a drinking time, and the above D when the victim’s flab flab flab flab flab flab flab flab flab flab flab flaf.

As a result, the defendant jointly with D, caused approximately two weeks of medical treatment to the victim.

2. Around 10:00 on July 13, 2010, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) stated the victim as stated in paragraph (1) at the cudio parking lot in Busan, the Defendant stated that “the victim is dead,” with a large amount of 2 knife knife (30 cm in total length, 18 cm in knife length), which is a dangerous object that had been located there, by entering the house of the same cudio 101 in the cudio cudio 101, and called “the victim is dead,” which is a dangerous object that had been located there.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of the body part of the victim;

1. Relevant Article of the Act on the Punishment of Violences, etc., Article 2 (2) and (1) 3 of the Punishment of Violences, etc., Article 257 (1) of the Criminal Act [the violation of the Punishment of Violences, etc. Act, the choice of imprisonment], Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act [the violation of the Punishment of Violences, etc. Act (collective injury, threat of deadly weapons, etc.];

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 punishment prescribed in the Act on the Punishment of Violences, etc. which is heavier than the punishment and the long-term punishment of the crimes above two crimes] among concurrent crimes;

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

1. Suspension of execution;

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