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(영문) 부산지방법원 동부지원 2016.09.07 2015고단936
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

At around 06:50 on May 25, 2015, the Defendant, while drunk in the vicinity of “C” located in Busan Shipping Daegu, and was fluened by the victims and the victims E (the age of 20) on the ground that the victims D (the age of 20) and E (the age of 21) were fluencing themselves, brucing an empty baby, which is a dangerous thing for both descendants, brucing three times of head of the victim D and brucing three times of head of the victim D, and brucing two weeks of treatment for the victim, flucing the victim’s behavior, and flucing the victim E to the right side of the victim E.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement of D and E;

1. Application of the Acts and subordinate statutes of investigation report (field and victim E photograph), investigation report (Attachment of victim's photograph), A, E photograph, bodily injury diagnosis report (D), and medical treatment receipt;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 261 and 260 (1) (a point of special violence and choice of imprisonment) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is committed by using dangerous articles and uses violence to others. The nature of the crime is bad, the defendant has a majority of the previous charges, the defendant did not reach an agreement with the victims, and the defendant has neglected the procedure of trial without any delay.

However, it is advantageous to the fact that the victims' degree of damage is not very serious.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Attachment Criteria - Multiple Crimes - Special Bodi Injury: Violence Crime Group, General Injury, Type 1 (General Injury): Violence Group, Violence Crime, Type 1 (General Violence), etc.

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