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(영문) 부산지방법원 2015.10.15 2015고단4304
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendants shall be punished by imprisonment for one year and six months.

Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A Employees, Defendant B, and Defendant C are the main employees of “F” in Busan Dong-gu, and the main employees of “G” in the same Dong.

On May 15, 2015, around 05:40 on May 15, 2015, the Defendants: (a) around the main point of “I” located in the Busan BY, and (b) on the ground that the said victim was pushed away from the Defendant’s day-to day-day L and the escape of the said victim; (c) Defendant C followed the said victim; (d) took the head of the said victim’s debt up to the ground floor; and (e) took each item (90cm in length) which is a dangerous object in the surrounding area; and (e) Defendant B and Defendant C moved the victim’s head over the ground floor and carried the victim’s head by drinking.

As a result, the Defendants conspired in collusion with the victim to give approximately three weeks of treatment to the victim, and led the victim to two strings in need of treatment.

Summary of Evidence

1. Defendants’ legal statement

1. Statement by the police of the victim (including the injury diagnosis certificate attached thereto);

1. Application of the Act and subordinate statutes of the investigation report (No. 15)

1. The Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Articles 257 (1) and 30 of the Criminal Act (the point of injuring by using dangerous things);

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants in a suspended sentence: The grounds for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] : The crime committed in this case is not good in view of the following: (a) the period of sentence comparison between the two-year sentence and the recommended sentence: (b) the period of sentence that there is no basic area (2-4 years and 2-4 years) of the first type (2-year) of habitual injury, repeated injury, and special injury; (c) the period of sentence: (d) two-year (decision of sentence] the defendants collectively sought victims; and (d) the defendants use each item, which is a dangerous object; and (e)

(b).

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