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(영문) 부산지방법원 2014.03.27 2014고단415
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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 October 5, 2013, the Defendant: (a) around 23:40 on October 23, 2013, at the Defendant’s home room located in the Busan Yagu C and 103 Dong 806 (D apartment); (b) the Defendant’s denied victim E (the age of 52) returned home late; and (c) the Defendant suspected of drinking another male; and (d) the Defendant stated that “any other male, is late going into the Republic of Korea.” However, the Defendant said that the defective victim, who attempted to sleep due to the neglect of the Defendant’s horse, tried to walk about the body of the victim due to the occurrence of the defective victim’s trouble, who was born at the place of the victim, was her boom the victim’s hand, and the victim was able to take the words “the radle’s death” from the assaulted victim, and the victim was able to take care of the victim, with the victim’s knish and the victim’s knish, who was in the kitchen.

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (not to be light of criminal conduct, but to be taken into account, such as costs not to punish the victim);

1. Article 62 (1) of the Criminal Act (the foregoing circumstances and the first offender, and the circumstances leading to the instant crime, etc.);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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