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(영문) 부산지방법원 2015.01.21 2014고단8859
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

On October 26, 2014, at around 06:25, the Defendant heard from the victim E (the age of 43) who is her age in the “Dcafeteria” located in the Busan Young-gu, Busan, about 06:25, the Defendant sent the victim’s head one time to the small-scale illness, which is a dangerous object in the table in the restaurant, and “I see this dog, I am so, I am so you am so, I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am

As a result, the defendant, while carrying dangerous objects, inflicted bodily injury on the victim, such as damage of the face that requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A photograph of the upper part of the victim;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act and imprisonment with labor for an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] The following circumstances shall be taken into account: (a) the mitigated area (one year and six months to two months), the mitigated area (including a person who has been subject to special mitigation), the punishment not having been imposed (including a serious effort to recover damage), or the recovery of considerable damage (a decision on a sentence] the degree of injury of a victim is not serious; (b) the defendant has reached an agreement with the victim; (c) the defendant is against himself/herself; and (d) the defendant has no criminal records subject to punishment exceeding the fine; and (e) the defendant has no criminal records subject to punishment;

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