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(영문) 부산지방법원 2014.10.22 2014고단6399
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

At around 12:20 on April 20, 2014, the Defendant inflicted injury on the victim’s left side by taking off two parts of the victim’s face, two times, the head’s back part, one time, and the back part of the head’s face, and the head’s back part, of which the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding C;

1. A report on investigation;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Where a person is fully responsible for the occurrence of a crime or the expansion of damage to a victim, even though he/she is subject to mitigation (one year and six months to two years) in the mitigated area (one year and six months to six months), category 1 (Habitual Injury, Bodily Injury, Bodily Injury) of habitual injury, repeated crime, and special injury;

2. The Defendant is the old age of 75, where the victim of the sentence was first determined to pay the trial cost to the Defendant as the cause of the commission of the crime may be considered in the motive of the crime.

However, the damage has not been recovered even though it is not easy to do so, and the defendant can be punished by a fine of the same kind.

In addition to the above circumstances, the sentence of this case shall be determined in full view of various circumstances, such as the background, means and consequence of the instant crime, the age, character and conduct, environment, previous convictions, and the circumstances after the instant crime.

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