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(영문) 부산지방법원 2013.07.18 2012고단7433
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

Reasons

Punishment of the crime

On September 3, 2012, the Defendant: (a) around 03:45, the victim E (the age of 48) and the victim F (the age of 48) who was seated in the next table in the “Dcafeteria” located in Busan B, the Defendant collected the water reservoir, which is a dangerous object on the table, from the victim E, and inflicted injury on the victim E, such as throst, requiring medical treatment for about 14 days; (b) collected the bubbbb, which is a dangerous object at the above table, and committed assault in a way that the breabb was fluenced.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement of E and F;

1. Photographs (water storages, steel makers, damaged parts, etc.);

1. Application of Acts and subordinate statutes to an investigation report (Attachment to a medical certificate for injury);

1. Relevant legal provisions concerning facts constituting an offense: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. It is so decided as per Disposition for the reason that the sentence is above Article 53 and Article 55(1)3 of the Criminal Act (the defendant has no record of punishment heavier than a fine, in addition to a fine, and there is no record of punishment, etc.) of the Criminal Act;

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