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(영문) 부산지방법원 2015.11.25 2015고단3986
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

1. Around 00:05 on March 10, 2015, the Defendant assaulted the victim E (here, 37 years of age) who is an employee in the main point of “D” located in Busan Jin-gu, Busan, on the ground that the Defendant was demanded the alcohol value from the victim E (here, her employee). On the ground that he/she was able to fill an empty beer disease, which is a dangerous object on his/her customer, and the two main disease, which is a dangerous object, by putting the back head and the rear part of the above victim once.

2. The Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) reported that E was assaulted at the time and place specified in paragraph (1), and committed an injury to the victim F (the 37 years of age), the main owner of the above main shop in play, resulting in a beer’s illness, which is a dangerous object about which the victim’s escape is about to escape, in which the victim’s head is taken several times, and the victim’s face is taken over by drinking for about three weeks.

3. The Defendant damaged the property by adding the large cooling house and glass door to which the market price of the victim F, who was the victim F, was unknown, due to the beer’s disease at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of the victims;

1. Application of the provisions of the statutes on photographing the damaged site;

1. Relevant Article of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (the point of special violence, the choice of imprisonment), Article 3 (1) of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 366 of the Criminal Act for the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order is committed by the defendant in relation to the payment of the drinking value to the victim E, who assaults dangerous articles to the victim E as an empty beer, and the victim F as the victim F.

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