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(영문) 부산지방법원 2015.10.15 2015고단5149
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

On August 12, 2015, the Defendant argued with the victim E (the age of 65) who was drinking by the Defendant on the ground that “D” restaurant located in Busan Jung-gu, Busan, the Defendant 19:30 on August 12, 2015, on the ground that the Defendant said the victim E (the age of 65) was “scopic defect”, and brought about the victim’s face once a drinking-up from the victim, and made the victim’s head one time by gathering the scopic disease on the part of the victim, which was on the part of the driver’s scopic, one time, and broken down the victim’s head by gathering the scopic disease on the part of the driver’s scopic, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes, such as a report of investigation (No. 1), photograph (No. 2) and a statement of opinion (No. 10);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] : Where the area to be mitigated (one year and six months to six months), the area to be mitigated (including efforts to recover damage), the area to be mitigated (one year and six months to six months), the area to be mitigated (including a person who has been specially mitigated), or considerable damage has been recovered, the scope of sentence comparing the applicable sentences and the recommended sentences: From one year and six months to two years and six months (one year and six months to six months) of the Act on Probation: The crime of this case is not appropriate for the defendant who has a record of having been punished several times for violent crimes, using the main illness, which is a dangerous object.

However, the fact that the defendant is the time of committing the crime, that the defendant agrees with the victim, that the last violent crime record was 2006, that was detained from August 12, 2015, and that other reasons for the crime, the age of the defendant, and the submitted documents.

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