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(영문) 부산지방법원 2015.07.16 2015고단3043
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 24, 2015, at around 05:15, the Defendant, while drinking a horse dispute with the victim E (19 years of age) within 14,00,000 in Busan Jin-gu, Busan, the Defendant: (a) went home to the victim's face; (b) was collected from the victim's disease, which is a dangerous object on themebbb; and (c) caused the injury to the right part of the victim's right part, the number of days of treatment of which cannot be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to F and E;

1. Application of the Acts and subordinate statutes on photographs of damage, spawn;

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. The sentence identical to the disposition shall be imposed in consideration of all the circumstances, such as the reason for sentencing under Article 62(1) of the Criminal Act [the scope of the recommendation] of the suspended sentence under Article 62(1) of the Act on the Suspension of Execution, where the crime of this case is committed in a contingent manner under the influence of alcohol and thereby the mitigation area (one year and six months through two years and six months), the mitigation area (including a person who has been specially mitigated), the punishment not (including a serious effort to recover damage) or considerable damage (the decision of a sentence), the victim does not want the punishment of the defendant, the victim has no record of punishment heavier than the suspended sentence, the social relationship is clear, and his/her mistake is divided in depth;

A judgment as ordered shall be pronounced for more than one reason.

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