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(영문) 울산지방법원 2014.06.13 2014고단482

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 is the husband and wife who reported marriage on June 24, 2013.

On February 2, 2014, at around 01:20, the Defendant entered the Defendant’s residence located in Ulsan-gun D building 201, and again entered the Defendant’s house and made the victim use the victim’s face on the floor by putting the victim’s head head pande, and making the victim use the victim’s face 5 to 6 times in drinking.

Since then, the victim ever flicked with a kitchen (30 cm in total length, 17 cm in blade) which is a deadly weapon used in the main room of the victim, she flicked with a kitchen (30 cm in total length, 17 cm in blade) and then she flick on the part of the victim, and she flick with a part above the part of the victim. The victim flicked with a part of the victim once.

As a result, the Defendant carried a deadly weapon with a deadly weapon, thereby causing damage to the victim's livers and double walls that require medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes of an investigation report (to attach a copy of medical records of a victim);

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. Reduction elements of Type 1 (Special Bodily Inflicting Persons): Imprisonment with prison labor for a year and six months from June to six years and six months from the date of a sentence on the sentencing guidelines; and

2. The sentence of the accused shall be punishable by the penalty; and