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(영문) 부산지방법원 동부지원 2015.12.16 2015고단1717
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

Around 02:50 on August 22, 2015, the Defendant, at the office of a fishing village fraternity of the second floor of the D auction house located in Busan, and at the office of a fishing village fraternity in the area E (the age of 52) of the victim E (the age of 52) who is a back-of-the-spot, performed drinking, and the Defendant, on the ground that the victim's horse-to-end, was prevented from drinking, and the head of the victim was taken one time as a dangerous object on his/her customer, and the victim's head could not be identified (the number of 5cm).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to E;

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act in the suspension of execution (not less than a fine but more than a fine);

1. Social service order under Article 62-2 of the Criminal Act;

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