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(영문) 부산지방법원 2015.11.12 2015고단5723
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 becomes final and conclusive.

Reasons

Punishment of the crime

On July 9, 2015, the Defendant: (a) around 03:30 on July 9, 2015, the Defendant: (b) carried the victim’s head on 2,3 occasions, and 2,43 cm (20 cm in total length, 33 cm in length, 20 cm) in a knife knife, and knife the victim’s knife with a knife with a knife with a knife with the victim and the knife with a knife of 105 (45 years of age) and living expenses on the ground of the victim F (45 years of age) and living expenses, etc.; and (c) carried the victim’s head at one time and knife with the victim’s head at one time, and carried the victim’s knife with a knife with a knife with the victim’s head at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's office and police statement of victims;

1. Application of each seizure protocol and investigation report (No. 7, 19, 26) statute;

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 48 (1) 1 of the Confiscation Criminal Act / [the scope of recommending punishment] The mitigated area (one year and six months to two years) of habitual injury, repeated injury, and special injury (a repeated injury, repeated crime, and special injury) (one year and six months), the mitigated area (including a person who has been specially mitigated), the penal penalty not (including a serious effort to recover damage) or considerable partial damage), or the scope of comparative sentencing between the applicable sentences and the recommended sentences: From six to six months (one year and six months [decision of sentencing]; the content and details of the relevant crime; the fact that there is no power to commit any crime above the suspended sentence; the fact that the victim has agreed with the victim; the conditions for sentencing under Article 51 of the Criminal Act; and the sentencing guidelines determined by the Sentencing Commission of the Supreme Court

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