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(영문) 부산지방법원 2015.05.21 2015고단1520
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 12, 2015, around 19:50, the Defendant: (a) committed assault against the victim E (the 46-year-old) by using dangerous objects such as alkin aluminium opens (the length approximately 80cm) with alkin aluminium opens, which are dangerous objects of chemical flight, on the ground that the victim E (the 46-year-old-old-old-gu) drinks alcohol and slicks, and by using dangerous objects such as humbbbbbbbbs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to Dog photographs;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 260 (1) of the Criminal Act (the point of violence by using dangerous articles);

1. Reasons for sentencing [the scope of recommending sentence] under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending sentence] under types 6 (Habitual Offense, Habitual Offense, Special Violence) and the basic area (6 to 10 months) (no special person): The scope of sentencing comparison with recommended sentence: one year to 1 year 10 months [Pronouncement Decision]; the defendant has been able to commit multiple violent crimes against the defendant; the defendant was sentenced to two years under the suspended sentence of imprisonment with prison labor for a violation of the Game Industry Promotion Act at the Busan District Court on August 14, 2013, which became final and conclusive on August 22, 2013; considering that he/she committed a crime using dangerous goods, such as this case, even though he/she was under the suspended sentence, it is not appropriate to commit a crime against the defendant.

The defendant shall be sentenced to imprisonment.

Considering the above circumstances, the fact that the crime is recognized and against the victim, the agreement is reached with the victim, the conditions of sentencing prescribed in Article 51 of the Criminal Act and the sentencing guidelines determined by the Supreme Court's Sentencing Committee, however, in consideration of the above circumstances, the lower limit of the recommended sentencing guidelines shall be set aside in the same manner as the order.

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