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(영문) 부산지방법원 2015.07.09 2015고단1575
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. On May 8, 2014, at around 20:0, the Defendant: (a) expressed alcohol at his house located in the Busan Eastdong-gu, Busan; (b) brought an injury on the victim D (the 49-year-old), who was a wife, was unable to drink, and was frequently going out of the house; and (c) brought an injury to the victim, such as a 5-day frame of the right-hand leg, which requires a treatment for approximately three weeks, by taking advantage of the following reasons: (a) the Defendant was able to take a bath to “the drinking, the opening, the year in which she was promptly going out of the house, and the head of the Gu was promptly going out of the house.”

2. Around 0:30 on October 19, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.) brought the victim a knife knife (a total length 30 cm, 23 cm in knife length) which is a dangerous object in the main room, and brought the victim a knife knife (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif knif knif knif knif kn

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. Police seizure records;

1. Application of Acts and subordinate statutes to medical certificates of injury, photographs of the victim's grandchildren, certificates of medical records, certificates of copies thereof, and medical certificates;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the selection of imprisonment (inflicting)

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act is the recommendation of the first crime.

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