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(영문) 부산지방법원 2014.11.05 2014고단7141
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 14, 2014, at around 20:30 on June 20, 2014, the Defendant inflicted an injury on the days of treatment by treating the victim E (the age of 32) who had drinking while drinking alcohol with the company fees in front of Dpenta in the South-west Sea C, on the part of a dangerous object used in making a chemical boom, and caused a large number of transfusions on the part of the victim, on the part of a dangerous object used in making a chemical boom, and caused a large number of transfusions.

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 report internal investigation and report internal investigation (Attachment to photographs);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the mitigation area (1 year and six months to two years), mitigation area (1 year and six months to six months), penalty exemption (including advanced efforts for recovery of damage), or considerable damage has been restored to the sentencing criteria [Scope of recommendation] for habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, and special injury) for habitual injury;

2. Determination of sentence: The fact that the defendant has agreed to pay 2.5 million won to the victim and the fact that he has no other criminal record in addition to the punishment of a fine for violent crime in 2001.

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