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(영문) 부산지방법원 2015.06.18 2015고단1660
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 5, 2015, at around 13:20, the Defendant, at the “E” office operated by the victim D(35 years of age) located in Busan B, he collected one (1m in length) from a friendly-related person who was urged by the victim to pay his debt, and the alinium-related person, which is a dangerous object from the her own, and sold three parts of the victim’s left part with the alinium network, thereby making up for about 21 days the victim’s back to the left part in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to photographs, injury diagnosis reports, etc. to aluminium camping nets;

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. The sentence identical with the order shall be imposed in consideration of all the circumstances, including the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act (recognition of the reason for discretionary mitigation) [the scope of the sentencing] of habitual injury, repeated crime, injury by repeated crime, and special injury [the scope of the sentencing] where the mitigation area (one and half years from June to two years] [the special mitigation] of punishment (including serious efforts to recover damage) or considerable damage was restored [the decision of sentence] of the defendant has no record of being sentenced to punishment for the same kind of crime or the suspended sentence or heavier punishment; (b) the victim does not want the punishment of the defendant; (c) the victim does not want the punishment of the defendant by mutual consent with the victim; and (d) the victim is deeply divided and reflected in his/her depth;

It is so decided as per Disposition for the above reasons.

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