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(영문) 부산지방법원 2013.05.22 2013고단2033
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On March 3, 2013:00 to 02:30 on March 3, 2013, at “E” located in the D market located in Busan Northern-gu, the Defendant, at the stage established in the D market located in Busan Northern-gu, took an assault against the needy person while dancing, and the Defendant, at the same time, went back to the above E on the same day at around 02:40 on the same day.

The Defendant misleads the victim G (Nam and 47 years of age) who had singn at the place where he had singinged, and led the victim to the misunderstanding of the victim's singnick, and led the victim to a part of the victim's singnick, which was cited as the victim's singnick, one time as a part of the victim's 1.5 centimeters of unsing length of the treatment days.

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. Application of the Acts and subordinate statutes concerning telephone number pocket photographs, images on the upper part of the victim, on-site photographs, and other CCTV-cap 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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Areas subject to reduction of special injury or injury according to the sentencing guidelines: Imprisonment with labor for a year and six months from June to June;

2. One year and six months of imprisonment with prison labor for a decision of sentence: The fact that the defendant acknowledges and reflects the crime, and that the victim's damage is minor shall be considered in favor of others;

However, even though there has been a history of punishment several times for the same crime, it is necessary to punish the crime of this case in that it has again committed the crime of this case, and the intention of allowing others to use a deadly weapon.

In addition, taking into account the various sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, health conditions, home environment, motive, means, results, etc., the sentence for the instant crime is ordered.

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