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(영문) 울산지방법원 2013.12.27 2013고단3075

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

피고인은 2013. 7. 17. 00:20경 울산 남구 C에 있는 피해자 D(여, 58세)가 운영하는 ‘E주점' 안에서, 피해자에게 “아가씨를 불러달라”라고 하였으나 피해자로부터 거절을 당하자 화가 나, 위 주점 출입구 오른쪽에 쌓여 있던 위험한 물건인 맥주병으로 피해자의 머리를 1회 때리고, 이어서 손으로 피해자의 머리채를 잡아 당기면서 주먹으로 피해자의 왼쪽 얼굴을 1회 때리고, 발로 피해자의 몸통을 걷어찼다.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Three copies of the victim's photograph of assault by the victim [the witness D's legal statement shows that the defendant was at the time of the victim's head due to beer's disease (which is not between the defendant and the defendant, but does not require medical expenses, etc., so the above statement is not likely to be false.

2) The application of the law to the extent that the above recognition is not followed solely on the ground that the status of the beer and the beer and the beer and the beer and the beer and the beer and the beer are not the subject of the law

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. Article 62 (1) of the Criminal Act (not including the punishment of a victim, but considering the fact that the defendant has no same record since 2004);