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(영문) 부산지방법원 2016.02.01 2015고단4854
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

around 02:45 on June 6, 2015, the Defendant: (a) at the main point of “D” located in Busan Northern District; (b) the victim E (40 years of age) who was the customer of the said main shop without an face-to-face music, was in dispute with the victim due to the suspension of singing; (c) the victim was in dispute with the victim; (d) when the victim’s face was taken one time by drinking, the victim was put up on the floor; (e) the victim’s hand-to-hand hand, who was faced with a steel product, which is a dangerous object, was fright back to the part of the victim’s hand-to-hand hand-hand hand, which requires the victim’s treatment for approximately two weeks; and (e) the victim was frightd to the victim by taking the chair, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning suspect interrogation of the police in E;

1. Application of the Acts and subordinate statutes concerning photographs, injuries, and CCTV photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act (a point of special injury) concerning the facts constituting an offense;

1. On July 24, 2014, the Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, was sentenced to a suspension of the execution of ten months of imprisonment with prison labor for night intrusion larceny at night at the Busan District Court on July 24, 2014, and the judgment became final and conclusive on August 1, 2014, and is currently under the suspension of the execution, and one time as a crime of violation of the Punishment of Violences, etc. Act (a group deadly weapon, etc.), and one time as a crime of violation of the Punishment of Violences, etc. Act (joint injury) and one time as a crime of injury (joint injury). In addition, the Defendant, as a crime under the suspension of the execution of the execution of sentence, inflicted an injury on the victim with a dangerous object without being sentenced to more punishment.

The defendant shall be sentenced to imprisonment.

The sentence of suspended execution, which is final and conclusive, loses its validity, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the family relationship and support relationship of the defendant, shall be determined by taking into account the following circumstances: (a) the time of the crime; (b) the victim has reached an agreement with the victim; and (c) the sentence of suspended execution

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