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(영문) 부산지방법원 2015.01.08 2014고단8785
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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 March 22, 2014, the defendant around 22:40 on March 22, 2018, in the defendant's house located in Busan Jin-gu, Busan, the defendant was influoral with D while drinking alcohol together with D, and the defendant was influoral disease, which is a dangerous object. When the head part of the victim's body was one time, the defendant suffered two influoral parts of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List Nos. 2);

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 (see, e.g., Supreme Court Decisions 201Do1448, Apr. 21, 201; 201Do1448, Feb. 21, 201)

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (recognisive of discretionary mitigation) or more;

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