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(영문) 부산지방법원 2014.09.29 2014고단6231
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:30 on June 27, 2014, the Defendant: (a) performed drinking together with the Victim E (year 31) employees of the cooperative company accompanying the Defendant; (b) performed drinking, the Defendant: (c) caused the Victim E, who was a dangerous object on the table, to cut off on the table; (d) caused the victim’s head to the shoulder; (c) continuously displayed the victim’s head to the left part of the said restaurant E; (d) continued to flow the Defendant, and (e) caused the victim F (the 53 years old), who was the owner of the said restaurant, to tear the part of the victim’s horses toward the part of the victim E, and (e) caused the victim E, who was unable to know the number of days left for treatment; and (e) caused the victim to tear the upper part of the number of left days left for treatment; and (e) caused the victim to tear the part of the victim’s tear.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury, Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury), the mitigation area (1 year and 6 months to 2 months), the mitigation area (including special mitigation), the punishment not (including serious efforts to recover damage), or considerable damage restoration (a decision of sentence] agreement with victims, the defendant is against himself, the defendant is against himself, the defendant does not have any criminal power other than a fine once, and the contents, circumstances, etc. of the instant crime.

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