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(영문) 울산지방법원 2015.04.16 2015고단193

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 15, 2014, at around 04:35, the Defendant collected a small-scale disease, which is a dangerous object on the table table, from the victim D (n, 26 years of age) to the employee, on the ground that the victim D (n, 26 years of age) went through alcohol at the “C” restaurant located in Ulsan Jung-gu, Ulsan-gu, Seoul.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the respective Acts and subordinate statutes of D and E;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] The punishment as set forth in the disposition shall be determined in consideration of the following: the extent of violence is minor in the mitigation area (4-1-2 months), mitigation area (4-1-1-2 months), and the extent of violence (1-6, 7) (1-6, and 7), which is minor and minor in the scope of violence (1-6, and 7).