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(영문) 부산지방법원 2013.11.13 2013고단3856
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

except that 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

1. At around 18:00 as of the end of December 2012, the injured Defendant: (a) expressed the victim’s desire in E cafeteria operated by the victim D (n, 53 years of age) located in Busan YY C, that “I will see why I would like to know the number of days to be treated by the victim; (b) I would like to take the victim’s head on one occasion due to the victim’s illness; (c) I would like to put the victim’s face on the hand when I would like to know the number of days to be treated.”

2. On January 1, 2013, the Defendant used assaulting the victim’s face on the ground that the victim was not subject to telephone in front of the above E cafeteria, booming the victim’s hair, and booming the victim’s hair, and booming the victim’s face on the hand floor.

3. Around 12:10 on February 26, 2013, the Defendant violated the Punishment of Violences, etc. Act (injury by group, deadly weapons, etc.) committed a breathous act against the victim under the influence of alcohol at the above E-cafeteria, and she took a bath to the victim “each year of the opening, weather, telephone, and drinking with other male and female,” and committed a breathic act against the victim, which is a dangerous object in the restaurant cooling.

On the other hand, the defendant continued to go through a kitchen, which is a dangerous thing that was suffering from a wall, and tried to go with the victim. On the other hand, the defendant tried to go with the victim's face, and the victim's face cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes to a criminal investigation report (field photographs, etc.), investigation report (Submission of a prescription slip by a complainant);

1. Article 257(1) of the Criminal Act and Article 257(1) of the choice of the applicable law as to the crime, Article 260(1) of the Criminal Act, Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 2(1)3 of the Criminal Act, and Article 257(1) of the Criminal Act.

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