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(영문) 부산지방법원 동부지원 2015.09.09 2015고단1155
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 of the final judgment.

Reasons

Punishment of the crime

At around 18:40 on June 5, 2015, the Defendant: (a) around 18:40, in modern apartment 4-dong stairs in Busan Metropolitan City, Busan Metropolitan Transportation Daegu, on the ground that the victim C (the 56-year old) did not receive the Defendant’s telephone, and did not take the Defendant’s telephone, and (b) the victim et al. was placed in an open room for a shoulder that requires approximately 2 weeks of medical treatment to the victim on the ground that the victim C (the 56-year old age) was a dangerous object that was in possession.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Police seizure records;

1. Application of the legislation in its opinion;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do139, Jan. 1, 201

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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