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(영문) 울산지방법원 2013.04.25 2012고단3442

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, 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

On September 30, 2012, the Defendant 03:40 on September 30, 2012, talked with singing in Ulsan-gu Croat.

Unless there is any reason, the microphone was laid on the floor of the main room, and the victim D (n, 54 years old) who is the above singing room was followed by the victim D (n, 54 years old) who is the above singing room, and the empty beer, which is a dangerous object on the table of the table, was laid up to the victim's face, thereby causing injury to the victim, such as an open address of the cryp, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police interrogation records to D;

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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. Article 62 (1) of the Criminal Act (referring to repeated circumstances favorable to the defendant among the reasons for sentencing following the suspended sentence);

1. Probation and community service order under Article 62-2 (1) and the proviso to Article 62-2 (2) of the Criminal Act are several criminal offenses of the same kind committed against the accused, and no agreement has been made with the victim, but the accused has no criminal records of suspended execution of sentence or more, part of the amount of damage (1.5 million won) has been deposited by the victim, the degree of injury is not much severe, and the sentencing guidelines for violent crimes have been taken into account;