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(영문) 부산지방법원 동부지원 2014.03.04 2014고단136
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

On December 2, 2013, at around 00:05, the Defendant: (a) entered the D restaurant located in Suwon-gu Busan Metropolitan City as a drinking, and (b) caused the victim E (the age of 45) who was a customer, by drinking the alcohol at the D restaurant in the said restaurant; (c) and (d) caused the fraud, which is a dangerous thing at the time of drinking (the age of 12.5cm, the height of 13cm) to the head of the victim; and (d) inflicted an injury on the victim, such as an open head cover that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

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 (including the fact that an agreement is made with the victim, that there is no particular criminal power, that there is no particular criminal record, and that his/her mistake is pened);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);

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