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(영문) 부산지방법원 2015.06.18 2015고단458
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

At around 23:35 on December 31, 2014, the Defendant reported that the victim who had met 2 met the problem of the victim D's wife prior to drinking alcohol to her “B” was the victim's face when the victim was her fright, on the ground that the victim was her fright, and her head was her head, and her head was her head was her head, and the victim was her head was her two frights requiring medical treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A photographic and bodily injury diagnosis report on the upper part of the body;

1. Application of Acts and subordinate statutes to the investigation report (No. 4, 6, and 12 No. 12 of the evidence list);

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. Discretionary mitigation (hereinafter referred to as the following circumstances favorable to the accused) under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for the suspension of execution ( repeatedly considered for discretionary mitigation);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : (a) the mitigated area (one year and six months through two years and six months) of category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury) [Special Mitigation] of the mitigated area (one year and six months through six months); (b) the defendant did not receive a letter of suspicion from the victim even though he/she inflicted an injury on the victim with dangerous articles; (c) however, the defendant has no history of being punished for a suspended sentence or more; (d) the crime of this case is any contingent crime caused by the defendant under the influence of alcohol; (e) the child support of her children, and the mother who is a 1st degree visually disabled person is detained by the defendant who is under the custody of his/her family members; and (e) the defendant who is under the custody of her mother who is under the influence of alcohol, entails excessive difficulty to her family members;

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