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집행유예
(영문) 울산지방법원 2016.4.29.선고 2015고단3219 판결

폭력행위등처벌에관한법률위반(집단·흉기등상해)·(인정된죄명특수상해)

Cases

Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)

(Aggravated Special Bodily Injury Caused by Recognized Crime)

Defendant

Gangwon-do (69 years, South Korea), Rotten Fisheries

Residential Ulsan

Standard place of registration:

Prosecutor

Park Gyeong-Gyeong ( Indictment) (Public Trial) and paper spawn (Public Trial)

Defense Counsel

Attorney Jeong-chul

Imposition of Judgment

April 29, 2016

Text

A defendant shall be punished by imprisonment for two years.

except that the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to provide community service for 160 hours.

Reasons

Criminal facts

On November 29, 2015, the Defendant: around 00, around 23:0, at the New East-gu, Ulsan-gu, Seoul-do, where approximately 10 years ago, sent to the victim most B (the age of 42) and money, and the victim took a bath to the Defendant. On the same day, at around 23:20, the Defendant driven a car with No. 00000 on the same day, and tried to find a victim who was in front of the U.S., Seoul Special Metropolitan City, Ulsan-gu branch, U.S., U.S. A., 345 on the same day. The Defendant driven a car, which is a dangerous object, driven the victim with the front wheels of the driver’s seat. The Defendant sawd the victim with his head from the front wheels, and 1 set up two kinds of golf at the front of the passenger’s body, such as a set of two tweb between the victim and the two.

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

Summary of Evidence

(Omission)

Application of Statutes

1. Relevant Article of the Act concerning the facts constituting the crime;

Articles 258-2(1) and 257(1) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social service order;

Article 62-2 of the Criminal Act

Reasons for sentencing

In full view of the following points, the Defendant’s age, character and conduct, environment, etc., ○ Sentencing 1 as ordered.

- The content of the offence is very dangerous to the extent that it may bring about a fatal consequence.

○ Sentencing 2

- The defendant is against the defendant's wrong recognition.

- It seems that the injury suffered by the victim is relatively less severe than the content of the crime.

- From the day immediately after the commission of the offence the victim did not want to be punished by the defendant, and in the course of the trial

The defendant complained against the mistake and the defendant's action against the defendant.

- There is no criminal conviction for the defendant.

Judges

Judges Juk-man