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(영문) 부산지방법원 2015.12.23 2015고단6984
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 17, 2015, the Defendant: (a) 01:15, at the entrance of the “D amusement tavern” located in the Dong-gu Busan Metropolitan City on the ground that the victim E (E, South, 34 years old) who was on the part of the main place of drinking alcohol at the above main place of drinking alcohol, she spits the victim’s her mother and child on his/her hand, spited the victim’s face; (b) taken a beer, which is a dangerous object at the entrance of the main place of drinking alcohol; and (c) taken a back the beer’s disease, she spited the beer’s body; and (d) taken the victim’s back the beer’s body, she dumpeded the beer’s disease; and (d) taken the victim’s injury to the beer’s body, and treatment the victim to the extent of 1.5cm in the part of the beer’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding E;

1. Application of the police protocol of statement to F;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] and the reason for sentencing under Article 62-2 of the Social Service Order Act: (a) the mitigated area (one year and six months to two years and six months) [Special Convict] mitigated area (one year and six months] [decision of a sentence of sentence] and the defendant committed the instant crime without being informed of the probation period (the probation period has expired since this court was sentenced to three years of a suspended sentence for one year due to a crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violence, etc., and the judgment becomes final and conclusive on December 6, 2012). However, considering the following factors: (b) the defendant committed the instant crime without being informed of the suspended sentence (the probation period has expired as of November 28, 2012).

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