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(영문) 부산지방법원 2015.02.09 2014고단9919
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

On November 26, 2014, around 02:29, the Defendant: D’s head was discharged three times from the two mains, which are dangerous objects on the table table, on the ground that the victim was at the studio of the first floor underground of the Geumju-gu Busan, and the victim E (the 30-year age) while drinking alcohol together with the victim E (the 30-year age).

As a result, the defendant carried dangerous objects with the victim about two weeks of treatment, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. A damaged photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act and imprisonment with labor for an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is [Scope of Recommendation] A type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury and Special Injury) (1 year to 2 months), the mitigation area (1 year and 6 months), the mitigation area (including efforts to recover damage), or where considerable damage has been recovered (2 years to 1 year and 2 months), the decision is made in accordance with the agreement with the victim, the defendant is against himself/herself, and the defendant is the first offender, and is above normal conditions.

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