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(영문) 부산지방법원 2015.10.21 2015고단5156
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 17, 2015, the Defendant: (a) around 18:40 on July 17, 2015, in an overarch park in front of the dental welfare center located 79 Doo-ro 76, Youngdo-gu, Busan, and (b) in front of the dental welfare center; (c) reported that the victim C (the age of 45) was at the time when the victim’s act was committed D

In order to hear the victim's bath and take a dangerous gate (38 cm in length) which is a dangerous object that had been loaded in the front wheelchairs of the defendant from the victim, the head part of the victim was able to get about two weeks of treatment, and the victim was injured by two open gates in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Field photographs, etc.;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports ( listening to shote E phone statement);

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. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] domestic violence, such as the mitigation area (one year and six months to two years), the mitigation area (one year and six months), the mitigation area (special injury), the exemption area [special appearance] the decision of the sentence [the decision of the sentence] the defendant's mistake and reflect against the defendant, the part and degree of injury, and the agreement with the victim, etc.

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