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(영문) 부산지방법원 2016.03.14 2015고단3609
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 30, 2015, around 12:15, the Defendant collected the tree bar (4.7cm, 70cm in length, 70cm in thickness 1cm) which is a dangerous object in the surrounding area on the ground that the victim E (the 86-year-older, 86-year-older) met female test coloring room, etc. on the front side of the D (the 4.7cm in width, 70cm in length, 1cm in thickness 1cm in length) and caused the victim to undergo approximately two weeks of treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Medical certificate and photographs of the victim's upper part;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation is one of the crimes committed in consideration of the following: (a) the Defendant assaulted the victim’s head, etc., who is a wooden tree, which is a dangerous object, and inflicted an injury requiring two-day medical treatment on the victim; and (b) the damage is not recovered.

However, in light of all the circumstances, such as the defendant's reflectivity, the fact that there is no particular criminal record since 2003, the injury is relatively minor, the mental health of the defendant, and the age, sexual conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, the punishment as ordered shall be determined.

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