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(영문) 부산지방법원 2014.08.18 2014고단5837
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten 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

From November 3, 2011 to September 11, 2013, the Defendant is a juvenile of 18 years of age who has been subject to juvenile protective disposition four times due to violent crimes, such as bodily injury, violation of the Punishment of Violences, etc. Act (joint assault), assault, special robbery, etc., and on March 29, 2014, on the ground that the victim E (the age of 19) was under the influence of alcohol while taking a bath, the Defendant collected the glass beer, which is a dangerous object at the same time, and inflicted injury on the victim, such as the opening of the right-hand autopsy in need of two weeks of treatment, according to the face of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect against the accused and F;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of a photograph of a victim victim and a diagnosis report);

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. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the confession of all the crimes by the accused and the depth of his mistake);

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act (Discretionary mitigation) of the suspended execution;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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