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(영문) 부산지방법원 2015.11.12 2015고단1894
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around June 2014, the Defendant became aware of D (n, 23 years of age) that worked as an employee at the main office located in Busan Dong-gu, Busan, and around that time, the Defendant became aware that D was living on the 13th floor of Etel in which the Defendant (the Defendant was living on the 12th floor at the time of the above officetel) was living.

On July 16, 2014, at around 05:30, the Defendant continued to call the above D’s new wall from the victim F (the age of 36) of the male-child arrest victim F (the age of 36) of the D’s new wall, which led to the 13th of the above 13th of the kitchen, which is a dangerous object from chemicaling, and threatened the victim with the above kitchen knife with the knife and the knife with the knife with the knife with the knife of the victim, and threatened the victim with the above kitchen knife with the knife with the knife and the above D’s knife with the knife with the knife of the victim, and caused damage to the knife that requires two weeks of treatment to the victim.

The Defendant carried dangerous objects as above and inflicted injury upon the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Application of Acts and subordinate statutes of injury diagnosis certificates and photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury by using dangerous articles);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] : The sentence sentence that has no basic area (2 to 4 years) (2 to 2 years) of types 1 of habitual injury, repeated injury, and special injury (2 to 4 years) and the range of sentence comparison with recommended sentences: 2 to 4 years (decision of sentence ] criminal records, multiple criminal records, and multiple defendants who are capable of having committed violent crimes with deadly weapons carried a new wall to find a victim, threatening him/her, and assaulted him/her.

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