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(영문) 부산지방법원 2015.09.24 2014고단8722 (1)
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 June 15, 2014, around 04:30 on June 15, 2014, the Defendant danced “D” within the main point of “D,” located in Busan Jin-gu, Busan, and caused the occurrence of the victim E (the age of 27), the victim F (the age of 28), and the body.

The Defendant got up with the victim F, which is a dangerous object used by the victim F, was shaking the victim F's head debt with his hand, was wheeling the victim F's face with his hand, and caused the victim F's multiple gamblings that require approximately seven-day medical treatment to the victim F.

The defendant continued to do a dangerous thing, hye the son part of the victim E, hye the body part of the victim E, hye the body part of the head of the victim E, hye the body part of the victim E, hye the body part of the victim E, hye the body part of the victim E, and hye the body part of the victim E by drinking the body part of the victim E, hye the body part of the victim E, hye the body part of the victim for about 21 days.

Furthermore, the Defendant, on the ground that the victim G (the age of 25) said assault, committed an injury to the part of this part, where the number of days of treatment cannot be known by taking two times the part of the victim G, which is a dangerous object, on the ground that the victim G (the age of 25) said assault.

Summary of Evidence

1. The defendant's legal statement;

1. E prosecutorial statement;

1. Each police statement made to G, H, E, F, I, and J;

1. Each injury diagnosis letter;

1. Application of statutes on photographs of damage;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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;

1. Defendant A and his defense counsel’s assertion regarding Defendant A and the defense counsel’s assertion of Article 62-2 of the Social Service Order Criminal Act asserts that Defendant A’s display does not constitute a dangerous object as a bend and bend and bender, rather than humping.

However, the above-mentioned evidence and the victim E's standing.

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