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(영문) 부산지방법원 2016.03.24 2015고단8718
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

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 24, 2015, the Defendant, at around 03:00, tried to go from G on the part of the victim D (50 years of age) who was under drinking in the F funeral ceremony in Busan Dong-gu, Busan, and the part of the victim's face, she saw that the victim D (50 years of age) was able to go to go into G on the part of the victim's face, and she saw the victim into the part of the victim's face one time due to the above small-scale illness, and she saw the victim into the part of the victim's face for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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

1. Article 62(1) of the Criminal Act (see e.g., Reasons for sentencing)

1. The community service order under Article 62-2 of the Criminal Act;

1. It is recognized that the crime of this case on the grounds of sentencing on the grounds of Article 32(1) and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the scope of liability for damages is not clear only by the materials submitted by the applicant for compensation, and thus, it seems reasonable to recover damage through other legal remedies, such as civil procedure, etc., the crime of this case is not likely to cause injury to the face of the relevant person. In light of the degree of injury to the relevant person, the crime of this case is not less likely to cause injury upon the face of the relevant person. In light of the degree of injury to the relevant person, the case is not easy, the agreement with the relevant person was not reached

On the other hand, it is also recognized that the Defendant committed the instant crime contingently, and there was no record of criminal punishment other than once of fine, and even though the amount of compensation desired by the victim is more than half of the amount of compensation, it has been endeavored to recover damage by depositing three million won for the victim.

In the above circumstances, various circumstances, such as the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, are attached to the sentencing indicated in the records.

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