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(영문) 울산지방법원 2015.01.23 2014고단3160

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 20, 2014, at around 20:30, the Defendant found the wife E (n, 48 years of age), a victim living in Ulsan-gu, U.S., Ulsan-gu, and found two arms of each victim, which are dangerous objects coming from the road (total length 95cm, diameter 3.5cm).

Accordingly, the defendant carried dangerous things with the victim and inflicted bodily injury upon the victim, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A medical certificate of injury, reply, and medical records;

1. Application of Acts and subordinate statutes on photographs;

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. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act.

1. The reason for sentencing under Article 62 (1) of the Criminal Act (resumed into consideration for the following reasons)

1. The range of sentence imposed on the sentencing criteria for habitual injury, repeated injury, special injury category I (unlimited to punishment, serious reflectment): From June to June of one year and two years and six months; and

2. Determination of sentence shall be made as ordered in consideration of various conditions of sentencing, such as the defendant's age, character and conduct, environment, relationship with the victim, circumstances after the crime, etc., that the defendant is against himself/herself at the time of committing the crime, that there is no record of the suspension of execution or more criminal records, that the victim does not want the punishment against the defendant after the mediation of divorce cases with the victim.