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(영문) 부산지방법원 2015.11.19 2015고단5706
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 becomes final and conclusive.

Reasons

Punishment of the crime

On July 24, 2015, at around 08:15, the Defendant: (a) had a verbal dispute with the victim E (28 years of age) in the Busan East-gu Office of "D" located in the Dong-gu, Busan; (b) had the face of the victim due to drinking, and had the head of the victim take time due to the small-scale disease, which is a dangerous object, and continued to stop the victim's left part of the victim's left part to the immediately left part of the treatment days; and (c) had the victim take back the victim's left part of the treatment days to the above small-scale disease, and caused the victim to the left part and the left part of the loss.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to photographs, such as damaged sites;

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 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] Where the special mitigation area (including a person who has been specially mitigated), a minor injury, a violation of punishment (including a serious effort to recover damage), or a considerable partial damage has been restored [referring to a decision of sentence] agreed with a victim, criminal records of the defendant, the details and details of the instant crime, etc.;

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