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(영문) 부산지방법원 2015.11.19 2015고단5054
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendants shall be punished by imprisonment for one year and six months.

However, each of the above penalties shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are the employer-employee relationship.

On July 14, 2015, at around 02:35, the Defendants were at the front of the Ecafeteria located in Busan Yagu, the victim F (the age of 42) and Si expenses, and Defendant A was at the time of drinking when the victim’s face was taken by drinking, Defendant B was at the time of the victim’s face due to an open space, which is a dangerous object in the vicinity, and the Defendants continued to walk the face of the victim who was at the bottom of the floor.

As a result, the Defendants jointly suffered injury, such as the removal of the bones, which requires medical treatment for about 21 days, from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement concerning F;

1. Application of statutes on field photographs and victim photographs;

1. Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Articles 257 (1) and 30 of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] The following shall be taken into account: (a) category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodi Bodily Injury), the mitigation area (including one year and six months to two years), the punishment not (including serious efforts to recover damage) or considerable partial damage (the decision of sentence]; (b) all Defendants have no same power; (c) agreement with victims; and (d) the fact that the instant crime is seriously against the victim;

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