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(영문) 부산지방법원 2013.08.23 2011고단2329
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 22:10 on April 4, 2010, the Defendant: (a) 4 seafarers, including the victim E (year 32), who work together with the Defendant within the “D Scki” located in the Gunn City of North Korea, and performed drinking, and (b) the Defendant asked the Defendant to stop the horses when the Defendant makes a speech, and the Defendant asked the Defendant not to make the horses without permission, and (c) flicked the victim’s flick with an empty flick, which is a dangerous object on the table table. On the shoulder of the said small flick, the Defendant flicked the victim’s flick and flick flick.

As a result, the defendant carried dangerous objects and carried about about 1-2 weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

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 and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (not to punish a victim, and reflectability);

1. It shall be decided as per the Disposition on the grounds of Article 62 (1) of the Criminal Act or more (recognating Reasons for discretionary mitigation);

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