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(영문) 울산지방법원 2015.10.30 2015고단2075

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:31 on August 8, 2015, the Defendant: (a) was in Ulsan-gu C; (b) was under drinking alcohol with his her her friend, and was under drinking alcohol with her her friend, and the victim E (the 19-year 19-year ) was under drinking alcohol; (c) was her friened from the entrance of the said friend; and (d) was her fried, the Defendant collected friend disease, which is an object dangerous to the table table; and (d) was in line with the victim’s friend, the victim was under drinking alcohol in this part of the treatment days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. On-site photographs;

1. An investigation report (including failure to submit a medical certificate, etc.);

1. Application of Acts and subordinate statutes to report internal investigation (on-site inspection, CCTV confirmation, suspect specific);

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury: Type 1 (Habitual Injury, Bodi Bodi Bodi Bodily Injury), the mitigation area (one year and six months to two years), the punishment not (including a person who has been specially mitigated), or the recovery of considerable damage (including a serious effort to recover damage) (the decision of sentence] Defendant’s method of crime is defective, and five times the same power is disadvantageous to Defendant.

It is the sentencing factor favorable to the defendant that the defendant is committed, and there is no criminal record more than the suspension of execution, and that the victim does not want the punishment for the defendant by agreement with the victim.

In addition, the punishment shall be determined as ordered in consideration of the age, character and conduct, environment, relationship with the victim, circumstances after the crime, etc., and the punishment shall be determined as ordered.