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(영문) 부산지방법원 2015.10.08 2015고단2167
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On February 11, 2015, the Defendant collected fraudulent cups, which are dangerous articles from the victim's (e.g., 52 years of age) on the ground that the victim's D (e.g., 52 years of age) would be bad, and caused injury to the victim, such as cutting off the floor and cutting down the floor of the victim's left side.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A copy, etc. of a medical certificate, opinion, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (the confirmation of the instrument used for committing this case);

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. The reason for sentencing [the range of recommending sentence] of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following reasons for sentencing] of the Act on Discretionary Mitigation [the scope of recommending sentence] of the aggravated area (three to five years) of the type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Pressure]

However, in light of all the circumstances, such as the deposit of KRW 3 million for the victim after the crime in this case due to contingent crimes, the fact that there was no record of punishment heavier than the suspension of execution due to the same kind of crime, and the defendant's detention entails excessive difficulty to his dependants, the crime in this case shall be sentenced to the same punishment as the order exceeding the scope of the recommended punishment, but the defendant shall not be subject to statutory restraint in order to provide the victim with an opportunity for further agreement.

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