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(영문) 울산지방법원 2015.11.12 2015고단2438

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

On July 26, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for larceny, etc. at the Daejeon District Court on September 27, 2013, and completed the execution of the said sentence, and on March 27, 2015, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for larceny, etc. at the Daejeon District Court on March 27, 2015, and the judgment became final and conclusive on April 4, 20

On February 24, 2014, around 01:30 on February 24, 2014, the Defendant: (a) d'D' house located in Gwanak-gu in Seoul Special Metropolitan City, with the victim E (23 years of age) and victim F (22 years of age) e-mail, which is a dangerous object for the reason that he is bad, while drinking alcohol; and (b) e-mail e-mailed with the left side of F.

As a result, the defendant put about approximately two weeks of treatment to E, the heat side and the rain side, and F put to the left side of the treatment days to E, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of E, F and G;

1. A written diagnosis of injury;

1. Each photograph;

1. A previous conviction in judgment: A inquiry letter, the number and confinement status of each individual, a copy of a judgment, and the application of statutes significantly true to this court;

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation - Type 1 [Scope of Recommendation] - In the case of habitual injury, repeated injury, special injury (a habitual injury, repeated crime, and special injury) [a] mitigation area (one year and six months to two years and six months), punishment not (including serious efforts to recover damage), or considerable partial damage, the mitigated area (a person subject to special mitigation) [a person subject to recommendation] mitigation area (a person subject to special mitigation] of category 1 (a person subject to habitual injury, repeated injury, repeated crime, special injury and special injury) [a person subject to special mitigation] of the mitigated area (a person subject to special mitigation] of category 1 (a person subject to habitual injury, repeated injury, repeated crime, and special injury) (a person subject to special mitigation].