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(영문) 부산지방법원 2014.03.20 2013고단7958
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

At around 23:40 on June 29, 2013, the Defendant: (a) assaulted the victim E (the 52-year-old) who is a member of the mountain conference in Busan City, on the ground that the victim E (the 52-year-old female member) called “D” and sent a text message to F, female members of the same mountain conference; and (b) assaulted the victim in a way that the victim’s body could be breaddd by inserting her hand at several times and her body by inserting a dangerous article that was at least seven weeks of her face, and was tried by inserting the victim’s her body by inserting it.

Summary of Evidence

1. The defendant's legal statement;

1. Legal statement of witness E;

1. A protocol concerning the examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos 1, 14);

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant’s insertion of dangerous articles in the course of assault against the victim, thereby causing bodily injury to the victim, etc. is an unfavorable sentencing factor against the Defendant.

On the other hand, the injury in the judgment seems to have occurred in the process of avoiding the victim's insertion, etc. (the injury in the market does not seem to have occurred by the defendant's direct price by inserting the victim). The defendant and the victim appear to have been able to see each other in the process of the dispute in this case, and as a result, the defendant also suffered losses in arms, etc., and the defendant was also suffering from selling, etc., the fact that the defendant suffered from the injury as stated in the judgment of the victim by inserting the inserted in this court, and the defendant deposited the amount equivalent to KRW 10 million for the victim, and the defendant deposited the amount equivalent to KRW 10 million for the victim

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