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(영문) 울산지방법원 2015.11.26 2015고단2416

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 12, 2015, at around 22:35, the Defendant ordered the Kim Gedon in front of the D restaurant located in Ulsan-gu C, Ulsan-gu, the Defendant: (a) reported the victim E (24 years old); (b) laid the back part of the part of the victim with a tree who was a dangerous object; and (c) laid down the back part of the victim’s timber on one occasion as the end part of the Dousan, which is a dangerous object; and (d) laid down one time the part of the victim’s timber on one occasion.

As a result, the defendant carried dangerous things with the victim and inflicted an injury on the victim, such as an open 21 days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of an injury diagnosis letter;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] In the case of habitual injury, repeated injury, and special injury [Special Mitigation] type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury] (1 year and June 2), the mitigated area (including efforts to recover damage), or where considerable damage has been restored (a decision of sentencing] without any justifiable reason; (b) violence has been used without any justifiable reason; (c) there is no past conviction in excess of a fine; and (d) there is no past conviction in excess of a fine; and (d) it appears to be a criminal act with any incidental crime under the influence of alcohol (the same shall apply to a dispute with another person after the crime was committed; and (d) there is a change in the victim's sense that the victim and the victim are not guilty of the defendant's punishment; and (d) there is no violation of the law.