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(영문) 부산지방법원 2015.05.14 2015고단554
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

around 15:40 on January 12, 2015, the Defendant: (a) around the restaurant of “D” located in the Dongdong-gu Busan Metropolitan City, and (b) the Defendant, in relation to the scambling in the election of the vice president of the community credit cooperative of the victim E (the age of 55), had the victim talk with the victim, and had the victim talk with the view of him; (c) had the victim talked with the view of the restaurant; and (d) had the victim talked with the main of the restaurant; and (e) had the knife knife (the total length of approximately 30cm, approximately 18cc, the knife length of the knife) displayed three times to the victim, and had the head and face of the victim knife the knife on the knife.

As a result, the defendant carried dangerous objects with the victim about two weeks of treatment, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to deadly weapons, photographs, photographs of damage, and written diagnosis of injury;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury, category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury), mitigation area (1 year and six months to six months), punishment not (including efforts to recover damage), or considerable partial damage recovery, the scope of sentence comparing the applicable sentences and recommended sentences: From 16 to 2 years and six months (2 years from 186). This case is a dangerous crime that inflicts bodily injury on a victim using a deadly weapon, and its nature is not good.

However, it appears that contingent crimes have occurred, the defendant's perception and reflects on the crime, and the result of serious injury to the victim has occurred.

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