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(영문) 울산지방법원 2019.09.27 2018고단3704 (1)

폭력행위등처벌에관한법률위반(공동상해)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On September 21, 2017, the Defendant was sentenced to five months of imprisonment with prison labor for larceny at the Ulsan District Court, and on February 19, 2018, the Ulsan District Court completed the execution of the sentence.

【Criminal Facts】

On September 27, 2018, around 14:34, the Defendant assaulted the Defendant with F at Eda on the same day before the “Crops” located in Yangsan-si B, both of which were the victim D (the age of 49). Between Eda and Crops, the Defendant was tightly tightly tightly, depending on the Defendant, and the Defendant, and the Cropsed up with both descendants, one beer, which is a dangerous object in the plastic box located therein, was collected to the victim inside the inner part, and one beer’s head was broken up by putting one to the floor and cutting off the part of the victim’s head once with the shoulder part.

Accordingly, the defendant carried dangerous articles and carried a ductal body where the number of days of treatment can not be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D or F;

1. Reports on internal investigation and investigation reports (the No. 1, 7, 12 of the evidence list);

1. Each photograph (No. 2,8 of the evidence list);

1. Previous convictions: Criminal records, investigation reports (related to criminal records of defendants A and repeated crimes), copies of written judgments, and application of Acts and subordinate statutes concerning personal confinement;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “the reason for sentencing”) is considerably dangerous, and the nature and form of the crime is extremely dangerous, and the circumstances revealed in the course and circumstances at the time of the crime are strong enough to cause violence of the defendant, and the crime is not sufficient to commit this case, and the victim suffered not only the bodily injury that the victim gets out of his/her head, but also the occurrence of a large number of bodily injury, and thus, the crime is heavy, and there was a history of punishment several times for the same kind of violent crime. This court around September 2017.