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(영문) 부산지방법원 2014.03.20 2013고단6218
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

At around 04:00 on May 10, 2013, the Defendant, who received from the victim E (the age of 44) located in the Dong-gu Busan Metropolitan City C, was drinking due to the drinking value, and the Defendant heard the talk that “the drinking value would be caused in advance,” and interfere with one’s own work, he saw the alcohol on the table table on the side of the week, and was able to take the victim’s desire to do so to the president of the above main branch.

Therefore, this part of this paper was marked once as the victim continued to drink himself and her flickly, and the defendant was flicker who reported flicker or the victim by the main blick.

After that, the victim who continued to engage in his/her work had been able to get off the right head of the victim's right and start off the victim's day by putting him/her over the floor, and her face with his/her hand, her face, sleeps his/her hair, and sleeps his/her two-day treatment for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement about witness E and G in the third and fourth trial records;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each police statement of E and G;

1. A complaint;

1. A medical certificate of injury;

1. Application of Acts and subordinate statutes to investigation reports (verification of the status quo of the doctor who has issued the medical certificate of diagnosis);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the Defendant has no record of being sentenced to imprisonment or heavier punishment, in addition to a fine) is not good, such as inflicting bodily injury upon the victim with dangerous articles, such as beer, etc., and the injury was not recovered properly. In addition, the circumstances leading to the instant crime, means, and methods leading the Defendant.

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