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(영문) 울산지방법원 2013.05.02 2013고단1187

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

The defendant, as the relationship between the victim B (the age of 41), the victim C (the age of 41) and the work partner of the D company, which is a modern middle industry cooperation company, had been living together with the above D company, and had frequently disputed with the victims because they did not agree with the victims while living together with the Ulsandong-gu E apartment 101 Dong 1406, Ulsan-gu, which was prepared by the above D company.

1. At around 02:10 on February 28, 2013, the Defendant: (a) under the influence of alcohol at the above accommodation, carried out a ebbbbbbricule air-conditioning network and maintained (21cm length) with a view to the victim B’s visit; and (b) carried out a ebbricule with the victim B’s left arms coming into the play room three times with the said Aluminium air-conditioning network and carried out a ebricule with approximately three weeks left-hand side in need of treatment for the victim B.

2. The Defendant, at the same time and place as above, proposed that the victim C, who had been playing in a disturbing sound, would be able to use the above camping net and sound, which is a dangerous object to the victim C, and threatened the victim C by taking a diameter of the sound to the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning B and C;

1. Records of seizure and the list of seizure;

1. A report on investigation (Attachment of a medical certificate);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs);

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act concerning the punishment of a deadly weapon;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do144, Jan. 1, 2011>

1. Discretionary mitigation under Article 62(1) of the Criminal Act