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(영문) 부산지방법원 2014.08.13 2014고단352
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On December 30, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., and completed the execution of the above punishment on January 20, 201.

On November 15, 2013, the Defendant 21:30 on November 15, 2013, at a restaurant where the trade name in Busan Jung-gu, Busan, could not be known, drinking alcohol together with the victim D (61 years of age). On the ground that the victim was not the Defendant, the Defendant saw the victim as an empty baby, which is a dangerous object on the table of the body of the victim, and laid the head of the victim one time and put the victim into an open address for about three weeks.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Investigation report (the details of the damage statement, etc.);

1. Previous convictions indicated in judgment: To apply inquiry reports and investigation reports (verification, such as the closing date of the final term of punishment) Acts and subordinate statutes;

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 proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [Scope of Recommendation] Crimes of category 1 (In the mitigated area (one and half years from June to two years) of the Act on Special Injury resulting from Habitual Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), the Defendant who committed the instant crime during the period of repeated crime (decision of sentence] [Special Sentencing], but does not oppose the Defendant while denying the crime; the victim does not want the punishment of the Defendant; and the victim appears to be an contingent crime.

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