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(영문) 부산지방법원 2017.02.16 2015고단8459
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On September 10, 2015, the Defendant: (a) 16:00 on September 16, 2015, 2015, she saw the victim C (47 taxes, women) around the Busan Young-gu, Busan, for the reason that she took a bath before the victim C (the victim 47 taxes, women) and was walped; (b) the said victim called the male-friendly Epicing, called the male-friendly Epic; and (c) the victim her head was pande, and her head was 3 cm, where the number of days of treatment cannot be known on the head’s part.

2. The Defendant committed the crime against the victim E, at the above time and place, carried with C, at home, the food map (10cm in length on the blade) that is an object dangerous to the victim E (34 cm). The Defendant attempted to inflict an injury on the said victim by putting the victim out of the knife of the knife, but attempted to do so on the wind that does not fit.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol against C and E (the defendant cited a knife for the purpose of defense because of retaliation against E, and argued that there was no fact that the victim knife had a knife for the purpose of defense. However, C and E commonly make a statement in the police investigation to the effect that “C and E wanted to get out of the E with a knife, which the defendant gets out of flight, and C had a knife off with a large wall to the defendant’s body.”

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes of knives and panty photographs, victim's upper panty photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act, Article 258-2 (3) and (1), and 257 (1) of the Criminal Act concerning the crime;

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

1. Each of the crimes of this case committed with the grounds for sentencing under Article 48 (1) 1 of the Confiscation Criminal Code, where the victim injured the victim's head pande several times, and where the victim's male-friendly implements are knifeed with a knife, the crime of this case is very poor in light of the type of crime, and the case is serious.

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