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(영문) 부산지방법원 동부지원 2015.07.16 2015고단648
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 22:00 on January 15, 2015, the Defendant: (a) 22:00, the victim F (59 years of age) was introduced from the packaging horse of the same day to E; and (b) E was sent to the singing room along with E; (c) E was sent to the victim who was on the packaging horse of the same day, and on the ground that E was “the victim was well written with the past drinking,” and the victim was “the victim was well written with inside the past drinking.” On the ground that the victim did not come well, the Defendant: (a) turned the beer of a beer bottle on the table of the table, cut the end into the beer, cut the beer, cut the end on the beer; and (b) sustained beer disease, which is well dangerous things, and (c) sustained the victim’s left shoulder part once, and sustained the victim’s open top, which requires approximately 2 weeks medical treatment.

Summary of Evidence

1. Witnesses F and G respective legal statements (in spite of parts that are difficult to understand some of the circumstances after committing the crime, credibility recognition is given in light of the contents, consistency, relationship with the defendant, etc. of each statement as a whole);

1. Application of the Acts and subordinate statutes on the diagnosis certificate of injury, the upper part photographic;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. In light of the following circumstances in sentencing under Article 62-2 of the Criminal Act, and other factors as well as the Defendant’s age, character and conduct, environment, motive and circumstances leading to the Defendant to commit the instant crime, means and consequences of the instant crime, and various sentencing conditions as stated in Article 51 of the Criminal Act, such as the circumstances before and after the instant crime, it is reasonable to suspend the execution of the said sentence only once more than is isolated from society for a long time upon sentence of imprisonment to the Defendant, but to order the Defendant to attend social service and violent therapy for a certain period of time.

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