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(영문) 부산지방법원 2015.10.22 2015고단2810
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

At around 02:30 on April 10, 2015, the Defendant, within the main point of “D” located in Suwon-gu, Busan, for the purpose of drinking alcohol with the victim E (n, 48 years of age), was drunk while drinking alcohol, and was collecting beer and canerped glass, which was a dangerous article on the table without any reason, and caused the victim to suffer from injury, for which the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. The defendant's legal statement;

1. Each of the statements of witness E and F;

1. Each police statement concerning E and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The defendant and his/her defense counsel's assertion of Article 62 (1) of the Act on the Suspension of Execution against the defendant and his/her defense counsel argues that even if the defendant's act recognizes the fact that the victim was injured, the defendant only left the defendant, but did not inflict any injury on the victim due to the same circumstance

However, the following facts and circumstances acknowledged by the summary of the evidence as mentioned above, i.e., ① the victim partially reversed the statement in this court, but immediately after the case, the first police investigation clearly stated the fact of damage that the defendant got to himself/herself, ② F, the operator of the D main shop, made a statement fit for the fact of damage by substitution; ③ the defendant only her own act recognized that he/she was the victim's own act but only her only her was the victim's son, but it is not easy to understand it; ④ even if the defendant did not directly her to the victim, even if she did not directly her to the victim, the defendant argued that he/she was the victim and the victim was the victim.

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