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(영문) 울산지방법원 2015.10.22 2015고단2203

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 16, 2015, the Defendant inflicted injury on the victim C(33 years of age) who was operating buses due to vehicle traffic-related issues on the street, such as U.S.-dong, Ulsan-gu, U.S., U.S., U.S., U.S., on May 16, 2015, on the part of the victim C(33 years of age) who was operating buses due to the vehicle traffic-related issues, and on the part of the defendant's flag (32 cm in length) that was dangerous objects located in the vehicle in the driver's seat, and caused the victim such as the breadum dump, etc. requiring treatment for about 20 days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A victim's photograph;

1. A report on internal investigation (Attachment of a medical certificate for injury), a medical certificate for injury, etc.;

1. Report on investigation (Attachment of a deadly weapon), application of photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) 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. Probation and the reason for sentencing of Article 62-2 of the Social Service Order Act [the scope of recommending punishment] Special Injury (the scope of recommending punishment] No. 1 area (two to four years) of the basic area (the decision of sentence] (two to four years) (the decision of sentence] dangerous goods, and it is difficult to be exempted from the corresponding punishment due to the lack of repayment of damage.

However, the punishment as ordered shall be determined by comprehensively taking into account the sentencing data recorded in the records, such as the fact that there is no criminal history since 2004, the fact that a mistake is against the fact that a certain amount has been deposited, the fact that a certain amount has been deposited, and the defendant's age, occupation, character and conduct