(영문) 부산지방법원 2015.12.23 2015고단5155

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자간(%)

(영문) 부산지방법원 2015.12.23 2015고단5155

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

At around 00:00 on June 29, 2015, the Defendant: (a) at the “Dump Packing Center” located in Busan, Busan, Busan, the victim F (52 years of age) who was aware of the victim’s prone E and earing about 4 months prior to the victim’s her death, talked the Defendant as “E well-being”; (b) the victim her desireed to talk with the victim, resulting in an injury to the victim’s face by having her tearped the beer World Cup, which is a dangerous object on the table while taking the victim’s bath, and assaulting the victim’s flab, etc.; and (c) continuously engaged in the injury of the victim’s left eye, which is the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Protocol of the police statement concerning G;

1. Attachment of photographs - Application of Acts and subordinate statutes on site and damaged photographs;

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. Reasons for the sentencing of Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act of the Act on the Suspension of Execution shall be mitigated (1 year and June 2) (1 year and June 6), mitigated (1 year and June 6) (1 year and June 2) (1 year and June 6) (1 year and June 2) (200]. The crime of this case was committed by the defendant as stated above, and was committed by the victim’s face.

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, motive and circumstance after the crime, etc., shall be determined as ordered by considering the following circumstances: (a) the defendant is against the defendant; (b) the victim does not want the punishment of the defendant; (c) the victim has no criminal record or heavier than the suspension of execution; (d) the victim appears not to have been injured; and (e) the victim

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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