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(영문) 부산지방법원 2014.10.16 2014고단5989
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

On May 23, 2014, at around 21:55, the Defendant took a bath to the victim D, who was aware of being a part of a social ship in the future of Busan Dongdong-gu, Busan, without any special reason, and had the victim take a bath to the victim D, who was aware of a social ship, and had the victim take a bath to the victim, and had the victim take a bath to each other, and had the victim take a walk, such as sprinking sprinking the sprinking with each other, and sprinking the splate, which is an object dangerous to the chemical part ( approximately 16.5 cm, about 22 cm, and about 3.5 cm in thickness).

As a result, the defendant carried dangerous articles and inflicted bodily injury on the victim for about seven days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes of a medical certificate;

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 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( considered the following favorable sentencing grounds):

1. Article 62 (1) of the Criminal Act (Considering the following favorable sentencing grounds):

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Special Bodily Injury (Special Bodily Injury) (Special Mitigation) (Special Mitigation From September to February, 200) where victims are fully responsible for the occurrence of a crime or the expansion of damage, it is decided as ordered on the grounds of not less than one year and six months of imprisonment with prison labor [decision of a sentence], one year and six months of suspended execution, two years of suspended execution (the risk of the crime of this case is significant, but the risk of the crime of this case is significant, not less than the above special mitigation, but not more than the damage due to the first crime).

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