(영문) 부산지방법원 동부지원 2015.11.19 2015고단1487

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(영문) 부산지방법원 동부지원 2015.11.19 2015고단1487

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 1:15 on June 7, 2015, the Defendant: (a) received advance payments from the victim E (the 45 years of age) in Suwon-gu, Busan, the Defendant: (b) stated that the victim’s crew member E (the feste of the ship in order to perform his/her duties to comply with it; (c) on the part of the victim, the victim “the flasing of the ship in order to get off the ship,” and (d) stated that “the victim “the flasing of the ship in order to get off the ship, flasing of the ship, flasing of the ship, flasing of the ship, flasing of the ship, fladsing of the dangerous things on the part of the flads of the victim; and (d) laid off the face of the victim; and (d) caused the victim’s head by an unknown brain injury due to an unknown brain disorder that requires continuous treatment for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. In light of the following circumstances with the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, and other various sentencing conditions prescribed in Article 51 of the Criminal Act, such as Defendant’s age, character and conduct, environment, motive and circumstance leading up to the instant crime, means and consequence of the instant crime, etc., the execution of the sentence shall be suspended only once more than that of the Defendant’s imprisonment with prison labor for a long time, and the order of community service for a certain period of time shall be determined as indicated in the disposition.

Unfavorable circumstances: The defendant's call-related disease, which is a dangerous thing, faces a victim.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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