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(영문) 부산지방법원 2014.10.29 2014고단6089
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

At around 23:00 on March 17, 2014, the Defendant: (a) while drinking the victim E (50 years of age) and drinking alcohol at the Dju shop located in the Busan Young-gu, Busan, the crew; (b) tried to listen to the victim’s bath while she does not properly contact with the ship; (c) collected beer’s disease, which is a dangerous object on the table table; and (d) collected the head of the victim, she sprinked the victim’s head, and sprinked the victim’s clothes, etc., which go beyond drinking and sprinking the victim, the Defendant sponsed the victim for about 8 weeks of medical treatment.

Summary of Evidence

1. Legal statement of witness E;

1. The statement of each police officer made to F and G;

1. Certificates of medical treatment and written medical examination for each injury;

1. Application of Acts and subordinate statutes to each investigation report, on-site, and photographs of injuries;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the mitigation area (1 year and six months to two years), mitigation area (1 year and six months to six months), penalty exemption (including advanced efforts for recovery of damage), or considerable damage has been restored to the sentencing criteria [Scope of recommendation] for habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, and special injury) for habitual injury;

2. Payment of 17 million won to the victim who has made a decision on the sentence of sentence and consideration for the victim's failure to have the victim punished but the degree of damage, etc. is serious;

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