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(영문) 부산지방법원 2016.02.04 2015고단7555
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 01:15 on November 9, 2015, the Defendant inflicted an injury on the number of days of treatment, such as treating beer disease, which is a dangerous object on the test table, on the ground that the victim under the influence of alcohol, takes a bath to himself/herself and his/her singing room business, while drinking alcohol together with the victim E (the remaining, 54 years of age) who is in Busan, and the Defendant inflicted an injury on the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes to the investigation report (No. 1 time a month);

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

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

1. Considering the criminal records and relationship of the defendant's reasons for sentencing under Article 62-2 of the Criminal Act, it is not good that the crime of this case is committed again by using dangerous articles to inflict bodily injury on the victim.

However, considering the facts of confession, the degree of injury of the victim is not much serious, the fact that the victim has agreed with the victim is favorable, and the punishment is determined like the order in consideration of the conditions of sentencing prescribed in Article 51 of the Criminal Act.

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