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(영문) 부산지방법원 2013.08.30 2013고단3503
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 02:00 on February 1, 2013, the Defendant had a victim E (the age of 47) and drinking after drinking at the D office located in Geum-gu, Busan.

The defendant, on the ground that the victim was able to take a bath to himself/herself and was able to do so, was able to get the head part of the victim at one time and the victim was pushed down after the victim.

As a result, the Defendant put the victim into a water tank with which the number of days of treatment can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. The third police interrogation protocol against the accused, and the fourth police interrogation protocol against the accused;

1. Egram;

1. Application of Acts and subordinate statutes to the investigation report (Evidence List No. 3);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that there is no criminal record of a suspended sentence of imprisonment or more, contingent crimes, no penalty for victims, and reflects);

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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