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(영문) 부산지방법원 동부지원 2015.06.18 2015고단761
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 becomes final and conclusive.

Reasons

Punishment of the crime

On March 26, 2015, at around 20:30, the Defendant: (a) brought a dispute with the victim D (the age of 52) who was aware of the usual world in front of the Nam-gu Busan City, on the ground that the victim D (the age of 52) in front of the Nam-gu, Busan would go against himself/herself; (b) brought a seriously weapons (the length of 17cc and 30cm) being kept in the warehouse of the Defendant in his/her place of residence where he/she was in his/her place of residence; and (c) brought a 2 rush, which is a deadly weapon (the length of 17cm and knob 30cm) and brought the victim into a brush of the back part of the number of treatment days on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Social service order under Article 62-2 of the Criminal Act;

1. In light of the following circumstances in the grounds for sentencing under Article 48(1)1 of the Criminal Act, and other various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive and circumstance leading up to the Defendant to the instant crime, means and consequences of the instant crime, and the circumstances before and after the instant crime, it is deemed reasonable to suspend the execution of the sentence only once more than that of the Defendant’s imprisonment with prison labor for a long time, but to order a community service for a certain period of time. Thus, the sentence shall be determined like the order.

D. Unfavorable circumstances: the defendant did not have been subject to criminal punishment for the same kind of crime, but again did not commit the crime of this case, and the possibility of criticism is very high.

The crime of this case committed by the defendant with the injury to the victim by displaying the improvement, which is a dangerous object, and the nature and nature of the crime.

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