(영문) 부산지방법원 2015.05.29 2015고단1189

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(영문) 부산지방법원 2015.05.29 2015고단1189

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 07:00 on July 11, 2014, the Defendant urged the victim C (the aged 69) to pay the money in the latter part of the 1238-2 Central Down-dong, Mano-gu, Busan to pay the money.

approximately 1m Aluminum pipeline in length of about 1m, which is a dangerous object, shall display the head of the victim toward his/her head.

The victim C’s left hand, and the victim D(55 years of age) got the Defendant a horse frier pipe with the victim D’s shoulder.

As above, the Defendant assaulted the victims to the victim C, thereby suffering from the depth of the unclaimed left side of the treatment days, and the victim D suffered from the injury incurred in the hole of the unclaimed left side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C and D;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a medical opinion);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. A suspended sentence of imprisonment shall be imposed on the condition of community service provided in consideration of the following: (a) the reason for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation]; (b) the following: (c) the mitigation area (1 year and six months to six months); (d) minor bodily injury (1) the mitigation area (1 year and six months to six months); (d) the occurrence of the same violent crime; (e) the occurrence of a crime; (e) the occurrence of a crime; and (e) the occurrence of a serious damage caused by violence; and (e)

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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