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(영문) 부산지방법원 동부지원 2014.08.14 2014고단649
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendants shall be punished by imprisonment for one year and six months.

However, as to the Defendants for two years from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

The Defendants are the company fees that they work as “E”.

1. At around 01:30 on March 17, 2014, Defendant A sent the victim’s face by hand to the victim’s face in the case of the victim’s B (31 years of age) and the drinking value at the first floor of the building underground of the Busan Southern-gu building, Busan-gu, the Defendant left the victim’s head to the beer who is a dangerous object, and put the victim’s head to the head of the beer’s body in the number of days of treatment.

2. Defendant B set up against the assault of the victim A (the age of 33) at the time and place mentioned in paragraph (1) and sent the victim’s face by hand, and her head to be a beer disease, which is a dangerous object, and put the victim’s head into the body of head in the number of days of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on investigation;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that the defendants have agreed to do so, the fact that the defendants have no particular criminal power, and the fact that the defendants have admitted mistake);

1. The defendant's assertion about the defendant Eul and his defense counsel's assertion under Article 62 (1) of the Criminal Code of the Suspension of Execution is drunk at the time of judgment on the defendant Eul and his defense counsel's assertion that the defendant had a lack of ability to discern things or make decisions on the will on the wind fit for the defendant's head from A to be a beer's disease. Thus, according to evidence duly adopted and investigated by the court, the defendant's assertion cannot be accepted since it is acknowledged that the defendant had a large amount of alcohol at the time and fit for the head from A as beer's disease, but it cannot be seen that the defendant had a weak ability to discern things or make decisions in light of the method of the crime in this case, the circumstances leading to the crime in this case, the defendant's behavior before and after the crime,

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