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(영문) 부산지방법원 2015.01.15 2014고단7770
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around June 28, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc., with deadly weapons): around 23:25, 2014, the Defendant inflicted an injury upon the victim F (57 years of age) who was a main store E and drinking in D’s underground located in Busanjin-gu Busan Metropolitan City, where the victim F (57 years of age) who was on the next table booms the victim’s left head, which was a dangerous object on the table on the table, caused the victim’s injury to the victim’s left head, where the number of days of treatment cannot be known, and the victim’s left head was teared.

2. In the date, time, and place mentioned in Paragraph 1, the injured Defendant inflicted injury on the victim E (man, 60 years of age) by breaking the dispute between the Defendant and the victim F by crypting the victim E by crypting the victim E by hand or by hand, thereby getting the victim lost the victim’s mind of diving, and she inflicted injury on the victim, such as shesheshesheshe’s tags and sheshesheshesheshesheshes at their arms and shesheshes, whose days of treatment cannot be known.

3. The Defendant damaged the property by pushing ahead with the victim G at the time and place described in paragraph (1) at the time and place, as seen above, the market price of the victim G ownership in the said place, which was in dispute with the victim F, was 10,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, and G;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act (the point of injuring a dangerous object), Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 366 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime is added up);

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., confession, agreement with the victim E, the victim F is not subject to the punishment of the defendant, and the minor fine history is limited, etc.);

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

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