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(영문) 부산지방법원 2014.08.21 2014고단5595
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 10:40 on June 17, 2014, the Defendant told the victim D (the age of 60) that “I will drink only a daily drinking and live immediately,” while I am working and drinking in the abolition and collection of the location C of the Busan Young-gu.”

Accordingly, the Defendant 1:20 on the same day, while driving away from the victim, who was in danger of being located there (46 cents in total length, 6 cents in length) and called “nicking the victim,” and waiting outside of the victim, then waiting for the victim, who was out of the above knife to the left bucking part of the victim’s left knife.

As a result, the defendant suffered damage to the victim's adjacent land and power lines near the left-hand side which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to F and D;

1. A copy of a medical certificate or records of a hospital progress;

1. Photographs (such as the upper part, etc.);

1. Application of Acts and subordinate statutes to investigation reports (at the time of site entry, etc.);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account all circumstances, such as the fact that the defendant has no record of punishment of imprisonment or heavier punishment in addition to the fine for the same crime) is not good for the defendant to commit the crime, such as taking the victim's bucks, which are dangerous articles, thereby causing injury, and the victim's damage was not recovered properly. In addition, considering all the circumstances such as the circumstances leading to the crime of this case, the defendant is decided as ordered in light of the circumstances such as the background, means, method, and degree of damage, etc.

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