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(영문) 부산지방법원 2015.06.11 2015고단1061
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

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

Reasons

Punishment of the crime

At around 23:00 on December 10, 2014, the Defendant: (a) within the Damaart operated by the Defendant on the 1st floor in Busan Jin-gu, Busan, and (b) around 34 years of age and Si expenses were imposed on the victim E (34 years of age) who is an employee of the company managing it as a matter of connection with the Masp terminal, and (c) who took the dangerous object, and acted as the victim, and (d) acted as the victim, and (e) acted as the victim, with the hand hand of the victim, and (e) took the face of the victim, and (e) took part of the victim’s face, one time the hand of the above Gaf, and (e) took part of the victim’s face.

Accordingly, the Defendant, carrying dangerous things, committed violence to the victim as above, and committed violence to the victim for about three weeks to the right be treated.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. CCTV reproduction images;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury by using dangerous articles);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The punishment that has no basic area (2 to 4 years) (2 to 2 years) of types 1 (2 to 4 years) of habitual injury, repeated injury, and special injury: The method of criminal acts is not appropriate for cases where a person commits a bodily injury to a victim by threatening him/her as a matter of hand, with a rank of two to four years (2 to 4 years of sentence decision] dangerous goods, and causing bodily injury to a victim by threatening him/her;

However, the fact that the defendant is the time of committing the crime, the age used for committing the crime is not a halkym, but a halkym, the fact that the defendant did not take the body of the victim directly, and the defendant was found to have committed the crime contingently, and the victim was not punished by the final agreement with the victim.

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