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(영문) 부산지방법원 2015.07.09 2015고단1365
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around November 22, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint injury) inflicted an injury on the victim’s face, hair, and tension, etc., in collaboration with the victim E (Nam, 19 years of age) in front of the clothes of “D” located in the Busan Jin-gu, Busan, on the street, on the ground that he/she was faced with the shoulder, on the ground that he/she was faced with the shoulder. In short, the Defendant inflicted an injury on the victim, such as the victim’s face, hair, and tension, which requires approximately two weeks of medical treatment.

2. The injured Defendant inflicted injury on the victim by breaking the head of G (n, age 19) who fighting at the time and place mentioned in paragraph (1) above, and putting the victim over the floor, thereby causing approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victims and H;

1. Application of Acts and subordinate statutes of the investigation report (No. 10, 13)

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; the choice of imprisonment with labor;

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

1. Article 62 (1) of the Criminal Act;

1. For the purpose of preventing a crime under Article 62-2 (In order to prevent a crime), the final sentencing range based on the aggravation of multiple crimes (including a serious effort to recover damage) where the mitigated area of punishment (including a person subject to special mitigation), the mitigated area of punishment (including a serious effort to recover damage) or considerable damage has been recovered from the mitigated area of punishment (referring to the scope of recommending punishment), the mitigated area (referring to two to one year), the mitigated area of punishment (including a serious effort to recover damage) (referring to a person subject to special mitigation) or the damaged area of considerable damage (including a serious effort to recover damage) shall be mitigated from the mitigated area of punishment (referring to the mitigated area of punishment) or the mitigated area of punishment (referring to two to one year), the sentencing range based on the aggravated punishment of multiple crimes: February to June: In February to 16 (decision of Punishment], the defendant repeats the same crime.

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