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(영문) 부산지방법원 2013.04.26 2012고단10699
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 00:40 on November 21, 2012, the Defendant: (a) 00:40, the Defendant: (b) was under the influence of alcohol with D while drinking alcohol together with D, and was under the influence of D, for the reason that D was under the influence of alcohol and the conduct of the Victim E (the age of 21) who was under the influence of B and B and B were under the influence of alcohol, and was under the influence of C, and (c) he was under the influence of C and C, and he was under the influence of C and C, and the Defendant was under the influence of C and C, and the Defendant was under the influence of C and C, and the Defendant was under the influence of C and C, and the latter part of C, which was a dangerous object on the table of B and C, whose treatment days cannot be known, was under the influence of C, and was under the influence of the victim, and was under the influence of C and C.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Application of the photographic Acts and subordinate statutes;

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. Mitigation of discretionary factors under Articles 53 and 55 (1) 3 of the Criminal Act (Article 55 (1) of the Criminal Act (Article 53 and 55 (1) 3 of the Act, including the fact that there is no separate criminal record, the victim is not punished, contingent crimes

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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