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(영문) 부산지방법원 2014.12.18 2014고단9459
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

At around 09:40 on October 24, 2014, the Defendant: (a) at the Ecafeteria operated by the victim of D in Busan Jung-gu, Busan, the Defendant, while drinking alcohol together with the victim F (34 years of age) of his wife F, she was in the process of drinking alcohol with F and the telecommunication, such as the head part of F and the body part of F, etc.; (b) caused the Defendant to damage to the Defendant’s market value such as D’s steel product, which was collected at a place located in the said restaurant; (c) caused the number of treatment days to the F, and (d) caused the damage to the scrap of the market.

Accordingly, the defendant carried dangerous articles and inflicted an injury on F and damaged D property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F and D;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting an injury by using dangerous articles); Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act (the occupation of causing an injury by using dangerous articles);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., confession, agreement with victims, majority of fines, but there is no past record of probation or higher, and motive for the crime in this case);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

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