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(영문) 부산지방법원 2015.10.29 2015고단1741
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On March 5, 2015, around 22:50, the Defendant: (a) up to “E” operated by the victim D (W, 47 years of age) located in Busan, the Defendant collected the patient, who was a dangerous object that the said victim was seated on the ground that he would have repaid the credit amount, and (b) caused the victim to know of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and D;

1. Application of Acts and subordinate statutes to each investigation report (No. 5 and 7 No. 5 of the evidence list);

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. The reason for sentencing [the range of recommending punishment] of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation [the reasons for sentencing] [the range of recommending punishment] of habitual injury, repeated crime injury, special injury [the range of habitual injury, repeated injury, special injury] of the aggravated area (three to five years] (the person under special jurisdiction] of the aggravated area (three to five years] (the decision of sentencing] of the defendant's serious injury to the victim with dangerous articles, but the defendant was unable to receive a suspicion from the victim.

However, in consideration of all the circumstances, such as the fact that the defendant has no record of punishment heavier than the suspension of execution, contingent crimes, and the fact that his mistake is divided, the sentence like the order that deviates from the scope of the recommendation sentence shall be imposed.

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