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(영문) 부산지방법원 2015.07.02 2014고단10052
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 became final and conclusive.

Reasons

Punishment of the crime

On April 27, 2014, the Defendant: (a) around 17:53, at the “Felel” parking lot located in Gangseo-gu Busan Metropolitan City, the Defendant: (b) prevented the victim G (the age of 58) from standing in front of the Plaintiff’s passenger car; (c) started from the Defendant’s child, J, K, and K, the Defendant’s child, attempted to open the above passenger car; and (d) started from the front of the said Lone Star passenger car, which is a dangerous thing for the victim to escape from the site; and (c) was inflicted an injury, such as salt, tension, etc., in which the victim’s part on the part of the said passenger car was shocked to the bottom so that the number of days of treatment cannot be known to the victim; and (d) started from the front of the said passenger car.

Summary of Evidence

1. Each legal statement of witness G and K;

1. Application of Acts and subordinate statutes of a certificate of outpatient treatment;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodily Injury, Special Bodi Bodi Bodi Bodi Bodily Injury) (1 year and June 2 year and June 6) (2 year and June 1 year and June 2 year: The crime is denied, and the nature of the crime is not good, but it is not good that the victim is not injured, mediation is formed in divorce case. According to Article 62(1)5(b) of the Criminal Act, the victim is to prepare and submit an application to fill the seat of the defendant; the first offender is to prepare and submit an application to fill the seat of the defendant; the conditions for sentencing under Article 51 of the Criminal Act; and the sentencing guidelines set by the Sentencing Committee.

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