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(영문) 울산지방법원 2014.07.18 2014고단725

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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

The Defendant, at around 04:00 on March 3, 2014, at the main point of “D” located in Ulsandong-gu, Ulsandong-gu, and on the ground that the victim F (n, 20 years of age) who was adjacent to E during the Defendant’s conversations with E, was obstructed by “the telephone cut off,” the Defendant found the victim as the main point where the victim performed drinking, and she was frighted to “the victim for the same year of bit bit bit bit bit bit bit bit bit bit son,” and she sawd the victim, “the same year of bit bit bit bit bit bit bit bit bit son,” and she took a beer disease, which is a dangerous object on the customer’s face, and she saw the victim’s head as his head.

As a result, the defendant carried dangerous objects and inflicted injury on the victim, such as cerebral celeba which requires medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. CCTV data and on-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal 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. Class 1 (Special Bodily Bodi Persons) (Special Bodily Bodi Persons): Imprisonment with prison labor for a year and six months to two years and six months, respectively, on the basis of the sentencing guidelines; and

2. Determination of sentence shall be made in the same manner as the order, taking into consideration the fact that the defendant has no criminal power to punish him/her, that he/she has not reached an agreement with the victim, that he/she deposited considerable money for the recovery of damage to him/her, and that the defendant has divided his/her depth and wrongness;