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(영문) 울산지방법원 2014.06.27 2014고단560

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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 February 23, 2014, the Defendant: (a) around the day of Ulsan-gun, Ulsan-gun; (b) the victim E (n.e., 63 years old) called the cafeteria to go home without returning home even after calculating the drinking value; and (c) the victim E (n.e., the 63 years old) opened the cafeteria to the outside of the cafeteria; and (d) 1 unit of the instant cafeteria disinfection machine called the above cafeteria; (b) 1 unit of the instant cafeteria, which was located at the cafeteria, was knifed into the cafeteria; and (c) 120,000 won of the market price owned by the victim on the floor; and (d) destroyed the 15,000 won of the free cup, which was contained in the cafeteria-gun-gun, and (d) opened the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of the F Statement;

1. Photographs, etc. of victims;

1. Application of the statutes governing a written estimate;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated increase of concurrent crimes within the scope computed by adding up the long-term punishments of crimes in violation of the Punishment of Violences, etc. which are heavier than punishment, to the punishment prescribed in the same 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. Aggravation of a suspended sentence as provided for in Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Type 1 (Special Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Injury) of the Act on the Punishment of Violences, etc. [The scope of sentencing guidelines] on the sentencing guidelines: Imprisonment with prison labor of 1 year and 6 months.