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(영문) 부산지방법원 2013.08.29 2013고단4266
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. Around June 17, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) stated that the victim D (the age of 49) located in Busan Franchisc (the age of 49) will take the victim's head debt and take the victim's face and head from drinking to take the victim's head debt, take the victim's head debt at a time, take the victim's face and head from drinking, and tried to remove the victim's head on one occasion with an empty beer who is a dangerous thing in the surrounding area, and suffered injury, such as cerebrpest, the brain, the left-hand mouth, the inner part, the part, the part, the part, and the part, etc., which require a medical treatment for about three weeks.

2. The Defendant interfered with business and damaged property, at the time and place specified in paragraph (1), destroyed the Victim’s bar business by force, and thereby interfered with the victim’s bar business by force, at the same time and at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against D or F;

1. Each investigation report (the sequence 4, 5, 10 of the evidence list);

1. Application of each statute on photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, Article 366 of the Criminal Act (the point of interference with business, the choice of imprisonment), Article 366 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Consideration, such as the fact that a person commits an contingent crime in a state of detention, the fact that he/she reached an agreement with the victim, and the first crime);

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

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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