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(영문) 부산지방법원 2015.09.02 2015고단3562
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight 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 16:10 on March 14, 2015, the Defendant, at the Busan National University Hospital located in Yangsan-si, released the mother who received the 21-day medical treatment without being released from the hospital, and tried to transfer the her mother who received the 21-day medical treatment into a convalescent hospital, and then requested the above Busan National University Hospital to express her opinion. However, upon knowing that the her intention needs to be transferred, the Defendant’s request was made by calls to the above Busan National University Hospital for a medical doctor. However, the Defendant’s request was made at the end of the above excessive knife of the victim’s knife as the victim’s knife of the above excessive knife.

The Defendant carried dangerous objects as above and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A written statement prepared by the defendant;

1. Records of seizure, list of seizure, list of cases reported 112 cases, photographs, such as damaged places, photographs of damaged places, and photographs of damaged parts;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the following favorable circumstances):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences: Six months to fifteen years;

2. The sentencing criteria [decision of types] the sentencing criteria (decision of types), types 6 (Special Violence), mitigation area (Special Convicted Persons] the punishment and non-exclusive factors (the scope of punishment and sentence for recommending persons), from April to February; and

3. Adjustment of the scope of sentence according to the applicable sentences: From six months to one year and two months;

4. Requests the victim, who is a nurse of a hospital or hospital determined to render a sentence, to issue a letter of opinion of provisional lending;

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