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(영문) 부산지방법원 2013.04.24 2012고단10606
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment for two years;

2.Provided, That the enforcement of a sentence shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 17:40 on October 3, 2012, the Defendant has a dispute with the victim D (Nam, 50 years of age) at the Busan Young-gu Ccafeteria around 17:40.

On the other hand, when the victim was assaulted, such as booming the back of the defendant, booming the table of the defendant, the victim raised an objection against the violence, and the head of the victim was the beer who was a dangerous object on the table, and there was an open 2 skins in need of treatment for about 14 days for the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A letter of injury diagnosis;

1. Application of the statutes attached to six photographs, such as site photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It shall be decided as per the disposition for the reason of Article 62 (1) of the Criminal Act (not less than a serious reflective punishment, not more than a punishment, or not less than a suspended sentence);

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