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(영문) 부산지방법원 2015.12.10 2015고단3798
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

At around 04:00 on June 19, 2015, the Defendant sustained the injury of the victim D (here, 47 years of age) located in the Busan East-gu C as an employee, such as ma, the victim and the alcohol value problem. While having been in dispute with the victim, the Defendant took a bath for the victim, and collected the beer’s disease, which is a dangerous thing for the customer, and caused the injury to the victim, such as the mae father and the skin transfusion, in which the number of days of treatment cannot be known to the victim due to the victim’s above part.

Summary of Evidence

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to photographs and opinions;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury by using dangerous articles);

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] The mitigation area (one year and six months to six months), the mitigation area (including a special mitigation), the punishment (including a serious effort to recover damage) or considerable damage, the scope of sentencing comparison with the sentencing sentence and the recommended sentencing compared to the sentencing sentence: one year and six months to two years [the decision of sentence] as a result of the examination of evidence, the defendant denies the fact of having been a beer disease; the defendant is judged to have denied the sentence despite the fact of having been found as a result of the examination; on December 21, 2006, in view of the fact that the Busan District Court rendered a suspended sentence for one year and six years, in addition to the crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapons, etc.), and that the defendant again did not violate the law and order, considering the fact that the defendant had been punished ten times more as a result of the crime of violating the Punishment of Violences, etc. Act in addition to the suspended sentence for one year and six years.

The defendant shall be sentenced to imprisonment.

The above circumstances are agreed with the victim, the victim's injury is not serious, and the conditions of sentencing prescribed in Article 51 of the Criminal Act and the sentencing committee of the Supreme Court are determined.

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