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(영문) 부산지방법원 2015.04.09 2015고단437
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:30 on January 11, 2015, the Defendant sought the victim to discuss the issue of the transfer of the shares of the lending between the Defendant and the victim from the “Enobya Bank” operated by the victim D (the age of 56) located in Busan Jung-gu, Busan, to find out the victim to discuss the issue of the transfer of the shares of the lending between the Defendant and the victim, but the victim gets out of the wooden net (the length of 30 cm) which is a dangerous object in the bank on the ground that the victim would desire the Defendant and refuse to meet the conversation, and caused the victim to inflict an injury upon the victim at an open level that requires approximately 14 days medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of the law to photographs and investigative reports (No. 8).

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury by using dangerous articles);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the fact that the victim does not have a key injury, the fact that the victim deposited 2 million won for the victim, the fact that there is no past record of suspended execution or more, the health condition of the defendant, etc.);

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

1. Article 62-2 of the Criminal Act on Probation;

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