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(영문) 부산지방법원 2016.05.19 2015고단2277
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 14, 2015, the Defendant, at the main point of “D” located in the Busan Eastdong-gu, Busan, about 22:00, stated that “D”, while drinking alcohol with the victim E (58 tax) and drinking alcohol, “I wish to do so at the house” from the victim, she sees the horses to the face of the beer of the glass material, and the Defendant collected the beer of the glass material to the face, thereby causing the victim to inflict approximately two weeks of treatment on the left side.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of witness E among the third public trial records;

1. Each police statement made to E and F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photograph victims;

1. It is recognized that there is no person who has committed the instant crime in a contingent manner, the victim’s damage level is not significant, and there is no record of having been sentenced to a suspended sentence or heavier punishment for the following reasons: Article 257(1) of the Criminal Act regarding the relevant criminal facts; Article 257(1) of the Criminal Act regarding the selection of the sentence; the reason [the scope of recommended] general injury (the scope of recommended punishment] (4 months to 1 year and 6 months).

However, the defendant committed the crime of this case even though he had a history of criminal punishment several times due to the same crime, and did not receive a letter from the injured party during that period, and even if he escaped, it is necessary to punish the defendant strictly.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.

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