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(영문) 부산지방법원 2014.11.21 2014고단6951
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 becomes final and conclusive.

Reasons

Punishment of the crime

Defendant,

1. At around 01:43, July 13, 2014, at the “D emergency room” located in Busan B, the said veterinary hospital continued to inquire of the Defendant’s return dog despite having received medical treatment, and the veterinarian’s purchase of gasoline in the mutual influoral oil station located in Busan, the Busan, the Ministry of Health and Welfare purchased gasoline in the 1.8L Pluoric disease, and then made preparations for the purpose of setting fire to a building in which people are present, by putting gasoline on the floor of the emergency room.

2. On the same date, time, and place as mentioned in the above paragraph 1, the victim E (Nam, 46 years of age) who is a veterinarian of the above veterinary hospital (hereinafter referred to as the above veterinary hospital) brought the bricks (a) which are dangerous objects at the entrance of the emergency room, in both hands, as well as the wall stones (a 38 cm, vertical 15 cm, height 19 cm) which are dangerous objects at the entrance of the emergency room, and put the victim into two parts of the number of days of treatment days to the second diagnosis.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. The application of Acts and subordinate statutes governing the request for appraisal, such as photographs, victims' photographs, bricks and gasoline photographs at the scene of crime;

1. Relevant Articles 175 and 164(1) of the Criminal Act for a crime, Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act for a crime;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the degree of damage is not relative to the degree of damage and the fact that an agreement has been reached with the victim);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that there is no record of punishment other than a fine);

1. Probation, community service, or an order to attend a lecture is very dangerous to the Criminal Act, and the accused has the previous force to punish the crimes of this case or drinking.

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