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(영문) 부산지방법원 2015.11.12 2015고단4919
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 07:00 on April 28, 2015, the Defendant: (a) caused injuries that require medical treatment for approximately 2 weeks, such as 3 cm, by gathering scam, which is a dangerous object on the table, and gathering scam, on the ground that the victim E (ma, 43 years of age) was unable to bear the alcohol value while drinking alcoholic beverages together with the victim E (ma), who became aware of influence at the same drinking place; (b) on the ground that the victim was unable to bear the alcohol value.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

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