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(영문) 부산지방법원 2016.03.30 2015고단4843
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:10 on May 24, 2015, the Defendant, at the main point of “D” located in Geumcheon-gu, Busan, for the reason that he was faced with the victim E (24 taxes), was suffering from injury, such as thombing the victim’s breath by cutting the breath, cutting the breath, and cutting the breath’s disease, which is a dangerous object on the table table, and cutting the victim’s back the breath by making the breath of the breath, which is a dangerous object on the table, cut off the victim’s back the breath by making the breath of the breath, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police for E;

1. Investigation report (18 pages for investigation records);

1. Application of the Acts and subordinate statutes of injury diagnostic certificate (55 pages of investigation records);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) Article 258-2 of the Criminal Act, newly established on January 6, 2016, does not have guidelines for sentencing; (b) thus, the sentencing guidelines are not applicable.

In the same criminal record, the fact that the defendant has suffered an injury due to the fact that he/she has suffered an injury due to the fact that he/she has suffered an injury in the after part of the victim's head, which is a dangerous thing while having a dispute with the victim

The fact that the victim agreed with the victim, that the victim was injured by the victim of the defendant's humanitarian damage, and that the victim is against the victim is favorable to the defendant.

In addition, the sentence like the order shall be sentenced in consideration of the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, sex, intelligence and environment of the accused, motive and means of the crime.

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