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(영문) 부산지방법원 2015.07.21 2014고단10303
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 2014, the Defendant: (a) around 01:10 on November 14, 2014, on the ground that the victim E (the age of 49) who was drinking alcohol in the side of the “D” located in the Busan Young-gu, Busan, was able to take a trial fee and take a bath to “sick” without any justifiable reason; (b) the Defendant got back the victim’s back to the beer, which is a dangerous object on the table, and caused the injury to the victim, such as the mouth, where the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. Application of statutes on photographs of damage;

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 to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury: Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), the mitigation area (one year and six months to two years) (including special mitigation), the punishment not (including serious efforts to recover damage), or considerable partial damage is recovered (a decision on the suspended sentence], the circumstances are not good due to a crime committed during the suspended sentence period.

However, a suspended sentence of imprisonment is imposed in consideration of the fact that the victim wants to take the defendant's wife in consultation with the victim, the degree of damage is minor, and reflects against the victim.

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