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(영문) 부산지방법원 2015.09.24 2015고단5009
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 became final and conclusive.

Reasons

Punishment of the crime

On February 4, 2015, at around 19:58, the Defendant: (a) called the victim E (the age of 47) and the taxi driver; and (b) called the victim with a serious desire from the victim on the front of the D cafeteria located in the Busan Seo-gu, Busan; and (c) called the victim on the phone to “in the present time, he is suffering from knife with knife with knife due to chrone in chroude,” and called the victim on the phone to meet with the victim, and followed up about 200 meters by the G taxi operated by the victim, which is a dangerous object, from around 77 meters later at the speed of 77 meters, the Defendant got the victim from the back of the taxi driver to the front of the Defendant taxi, who was in need of the victim’s treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E;

1. Application of the Acts and subordinate statutes to photographs, written estimates, diagnostic statements, reports on the request for appraisal, and photographs (the CCTV images for crime prevention at the scene of an accident);

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommendation] of the suspended sentence under Article 62(1) of the Criminal Act [the grounds for repeated mitigation] where the mitigated area (one year to six months), such as habitual injury, repeated crime injury, and special injury (a repeated injury, repeated crime, injury, and special injury) [a person who has been subject to special mitigation] of punishment (including a serious effort to recover damage) or considerable damage (a decision of sentence] of the defendant committed the crime of this case by using a vehicle due to emotional problems is considerably highly dangerous, but the defendant did not have any history of punishment for the same kind of crime, nor was he was sentenced to a sentence exceeding the suspended sentence, and only the victim and the victim after the crime of this case are committed.

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