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(영문) 울산지방법원 2014.03.27 2014고단226

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On January 11, 2011, the Defendant was sentenced to nine months of imprisonment with prison labor for an injury, etc. in the Changwon District Court's Jinju branch, and on July 15, 201, the Changwon District Court sentenced two months of imprisonment with prison labor for a crime of fraud at the Changwon District Court on July 15, 201, and completed the execution of the said sentence at the Changwon Prison on October 24, 201

On February 2, 2014, at around 02:40, the Defendant: (a) 02:40, while drinking alcohol at a main point in Ulsandong-gu, Ulsandong-gu, the Defendant: (b) laid the victim D, who was a customer on the side of the next page, and (c) laid the victim, on the ground of her parent, her head on the ground of having her parent drinked with money, and her parent, her head on the ground that her parent was frightened, and her head was her head on the ground of other beer disease, which is a dangerous thing that the victim tried to escape, and her head was her head on the ground of other beer who is a dangerous thing that the victim was able to escape.

The Defendant continued to walk along the victim's way of walking along the victim's clothes, taken the victim's face by drinking, taken the shoulderer's disease as hand, and threatened the victim with "knee kel kel kel kel kel kel."

As a result, the defendant carried dangerous objects and carried them about about 14 days for medical treatment.

Summary of Evidence

1. The legal statement of witness D and E;

1. The police statement of D or E;

1. Investigation report (victim's photograph), internal investigation report (in cases of an investigation of, damage to, or photograph of, a victim attached thereto);

1. A written diagnosis of injury;

1. Previous convictions: Criminal records, investigation reports ( current status of confinement in prison, court rulings, current status of personal confinement, court rulings and applicable Acts and subordinate statutes);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of injury with a deadly weapon);

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. As to the Defendant’s assertion under Article 57 of the Criminal Act, the Defendant was under the influence of alcohol at the time of the instant case, and at all, committed his act.