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(영문) 울산지방법원 2013.07.04 2013고단2014

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

At around 02:00 on May 9, 2013, the Defendant, within the main point of “D” located in Ulsandong-gu, Ulsan-gu, U.S., where the Defendant her wife and the married couple fighting drinks alcoholic beverages at the upper limit of the period, and talks at the above main shop stage, without any justifiable reason, he saw the victim E (Nam, 55 years of age) who was drinking alcoholic beverages on the side table, with the beer disease, which is a dangerous object on the table, he she gets off twice the head of the victim, and puts the victim's face two times at the face of the victim, and then, he saw the victim's eye where it is impossible to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes, such as photographs of victims of damage;

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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do145, Feb. 1, 20

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Probation and community service order under Article 62-2 of the Criminal Act (in light of the fact that the defendant's records of the same suspended sentence are three times to return to a sound member of society, community service should be imposed for a certain period of time). The defendant's reasons for sentencing are disadvantageous and agreed with the victim, such as the fact that the defendant has three times the records of the same suspended sentence of execution, etc., the victim's age, family environment, the circumstances leading to the instant crime, and the circumstances after the commission of the crime, etc. shall be determined by taking into account all the circumstances such as the defendant's age

It is so decided as per Disposition for the above reasons.