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(영문) 부산지방법원 2014.10.23 2014고단5941
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendants shall be punished by imprisonment for one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 3, 2014, around 19:45, the Defendant: (a) took a dispute between the victim B and money issue within the Fju area located in Young-gu, Busan Metropolitan City, and (b) took the face of the victim due to drinking, and (c) sustained injury on the part of the days of treatment by the victim due to the free Cup, which is a dangerous article on the tables, the victim’s face was taken on the tables.

2. Defendant B, while engaging in a dispute with the victim A at the above date, at the above time, and at the above place, was assaulted against the victim A by drinking, and caused an influent injury to the victim due to beer disease, which is an object dangerous to the table, and caused the victim’s left side and left part of the table, and caused an influent and influent injury to the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to field photographs and photographs of the upper part thereof;

1. The Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 (Consideration of favorable sentencing factors) of the Criminal Act;

1. Defendants of suspended sentence: Reasons for sentencing under Article 62 (1) of the Criminal Act (recognition of reasons for discretionary mitigation); and

1. In the event that the victim is fully responsible for the occurrence of a crime or the expansion of damage in the area of special mitigation (in September to February) (in the area of special mitigation) (in the event that the victim is also responsible for the occurrence of a crime or the expansion of damage, the victim is not subject to punishment (including voluntary efforts to recover damage) or has been recovered from considerable damage (in the case of a decision of sentence), one year and six months of imprisonment and two years of suspended execution (in the case of a crime, account of circumstances, agreement, etc.);

2. Defendant B [Limits of Recommendation] Type 1 (Special Bodily Injury) (Special Bodily Injury) (Special Mitigation From September to February) (Special Mitigation) is also responsible for the occurrence of a crime or the expansion of damage to the victim, and the occurrence of a crime or considerable damage has been recovered.

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