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(영문) 울산지방법원 2015.03.19 2014고단2993

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for six months.

However, 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

The defendant is a victim C (math, 36 years of age) and a person who is a legal couple.

1. 폭력행위등처벌에관한법률위반(집단흉기등폭행) 피고인은 2014. 6. 22. 07:00경 울산 남구 D 원룸 201호 소재 피해자의 주거지에서, 술을 마시던 중 귀가하던 피해자를 향해 달려들며 피해자에게 “이 개같은 년아, 어디 자다 왔노”라며, 손바닥으로 피해자의 양쪽 빰 부위를 6회 때린 뒤, 피해자를 데리고 방으로 들어가 주방에 있던 가위를 가지고 피해자의 목 부위를 찌를 듯이 위협하면서 피해자에게 “죽인다, 씨발년아”라고 욕설을 하자, 이에 놀란 피해자가 팔로 뿌리치며 위 가위에 피해자의 왼손 환지 부위를 베이게 하는 등 피해자를 폭행하였다.

2. The Defendant damaged the property by destroying the gallonian 2 cellular phone with the victim’s gallonian thallonos by causing the damage to the property at the same time, at the same place, and at the same time and place as above, causing the victim to be salloned with the unsalloned market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs of damaged scene and photographs of damaged parts;

1. Violation of Article 3(1) and Article 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Probation Criminal Act [the scope of recommending punishment] The mitigated area (4 to 1.2 months) of the mitigation area (4 to 1.2 months), [special mitigation] of punishment (decision of sentence] of a deadly weapon, and assaulting the victim who is his/her spouse. However, the records of the same criminal offense and the records of the crimes other than three times of fine are not good.