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(영문) 울산지방법원 2014.10.31 2014고단2641

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

Reasons

Punishment of the crime

around April 2009, the Defendant is the father of the victimized child C(13 years of age) who was married with D around 200.

1. At around 18:30 on August 28, 2013, the Defendant: (a) committed an injury on the victim’s in the number of days of treatment days by using the fishing age (100cm in length, 3cm in thickness) and the wooden door (100cm in length, 5cm in thickness, 5cm in thickness) in and around the surrounding areas, on the ground that the Defendant committed the Defendant’s mistake, such as intending to take the victim into the back of the Seogsan-do, Ulsan-do, Ulsan-do, Ulsan-do, Ulsan-do, Ulsan-do; and (b) stolen other things of the victim at school.

2. On August 30, 2013, the Defendant inflicted an injury on the number of days of treatment, such as the victim’s arms and legs, etc., by using dynasium (40cm in length, 4-5cm in thickness, 4-5cm in large number) which is a dangerous object from the scene on the ground that the victim was going out without hearing the horses, and caused the victim’s body to walk in the body of the victim, such as the victim’s arms and legs, etc.

As a result, the defendant carried dangerous things and inflicted an injury on the victim, and at the same time, abused the victim's body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A photograph of the upper part of the body;

1. A report on investigation (in summary of cases of specialized child protection agencies);

1. Application of Acts and subordinate statutes governing treatment certificates;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 257 (1) of the Criminal Act (the occupation of inflicting a deadly weapon) and Article 71 (1) 2 and subparagraph 3 of Article 17 of the Child Welfare Act (the occupation of child abuse) of the same Act;

1. Articles 40 and 50 (the punishment imposed on a crime of violating the Punishment of Violences, etc. Act (a collective weapon, deadly weapon, etc.) and a crime of violating the Child Welfare Act (a punishment imposed on a crime of violating the Punishment of Violences, etc. Act (a collective weapon, etc.) and a crime of violating the Punishment of Violences, etc. (a punishment imposed on a crime of causing serious injury to a collective weapon