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(영문) 부산지방법원 2014.07.02 2014고단3951
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

Around 21:55 on April 30, 2014, the Defendant, while eating at a 'D restaurant' located in Busan, was able to get off the part of the victim E (the age of 44) tabled in the table of the victim E (the age of 5) that is a dangerous object in the table, and caused damage to the victim's head part that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Crimes of Article 62 (1) of the Criminal Act, considering the following: Reduction area (one year and six months to two years and six months) of the mitigated area (special injury), [Special Sentencing] of the mitigated area (a person who has been sentenced to imprisonment] of the punishment not to be sentenced [a] of the defendant, the defendant seems to have taken the attitude of deceiving and opposing him/her; the victim does not want the punishment of the defendant; the victim does not want it; and the fact that there

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