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(영문) 부산지방법원 2015.05.15 2014고단6266
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

On May 24, 2014, at around 10:50, the Defendant heard the horses that the Defendant wraped tobacco at the Busan Soksan-dong, Busan, which was located in the Busan Soksan-dong, and took care of the said Soknan-dong, and took care of the said Soknan-in disease, which is a dangerous object by C, etc., who was next to the said Soknan-dong while taking a bath to the said Soknan-in, followed the victim’s head part of the victim D (ma, 78 years of age) who was living in the said area, and led the victim to blood transfusion from two parts of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports (not refusing the attendance of a victim);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The lower limit of the Defendant’s punishment on the sentencing guidelines of Article 62-2 of the Criminal Act is two years of imprisonment.

However, the defendant did not have the same criminal history except a fine of one million won in 2002, and the crime of this case seems to have been committed contingent while being committed.

In addition, the degree of damage of the victim caused by the crime of this case is minor and the victim seems not to have want to punish the defendant.

(See Investigation Report). In consideration of these circumstances, the defendant is sentenced to a sentence lower than the sentencing criteria.

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