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(영문) 부산지방법원 동부지원 2015.11.04 2015고단1527
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is between the victim C (mast, 48 years of age) and the couple, and the victim D(44 years of age) are the family members of the defendant's high-speed relationship.

At around 00:50 on May 28, 2015, the Defendant: (a) called “F” at the main point of “F” located in Suwon-gu, Busan; (b) the victim C asked the victim C, including the victim D, who was unable to take a knife and do so at the latest; (c) asked the victim C, who was unable to take a knife and do so; (d) the victim’s cell phone device “Is the knife, flife, flife, flife, and flife” from the victim D, who was dried with the victim’s cell phone device “Is the victim’s knife to take a knife and knife the face of the victim D, and tried to take a knife the victim’s knife to the victim’s left part,” and “Is the victim’s knife knife to the victim’s left part.”

Accordingly, the defendant carried dangerous objects and inflicted each injury on the victim D and C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Application of Acts and subordinate statutes to photographs, such as standing parts and scenes;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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