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(영문) 부산지방법원 2015.10.22 2015고단5382
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 17:00 on May 2, 2015, the Defendant: (a) was a dangerous object ( approximately 120 centimeters in length, approximately 6cm in width) in support of the victim C (year 62) and the roadside trees located in the forest park, which were in dispute with the city in the Busan-gu Busan-gu, Busan-do, and (b) was placed one time at the back head of the victim, and the Defendant was placed in two open tops in need of approximately 3 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of the Acts and subordinate statutes on the part of a medical certificate, on-site photograph, and damaged wife;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury by using dangerous articles);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons 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), the mitigation area (including efforts to recover damage), the mitigation area (including serious efforts to recover damage) or considerable partial damage, the mitigation range of punishment and the recommended sentencing range: From 16 to 2 years and six months [Pronouncement Decision] of 186] of 1 year and six months (Pronouncement Decision] of 196 to 2 year and six months, which are dangerous items of the victim’s head, the applicable criminal law is dangerous.

However, considering the fact that the defendant is recognized as committing a crime, that the victim is unable to punish the defendant by mutual consent with the victim, that it appears to be a contingent crime in light of the circumstances of the crime in this case, that there are circumstances to consider it, that there is no record of the crime exceeding the fine, and that there is no record of the crime, etc., the punishment shall be determined like the order, taking into account the conditions of sentencing prescribed in Article 51 of the Criminal Act and the sentencing guidelines determined

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