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(영문) 울산지방법원 2013.11.15 2013고단1773

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 10, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Ulsan District Court on February 10, 2012, for one year and six months, and the said judgment becomes final and conclusive on February 18, 2012, and is currently under suspension of execution.

On April 4, 2013, the Defendant: (a) around 21:25, at the home of the victim D (the age of 46) located in Ulsanbuk-gu C, the Defendant expressed the victim D and the victim E (the age of 42) that drinking and playing alcohol together with the victim D and E, and expressed the victim E, “I must open, die, and die” to the Defendant. In a state that E lacks the ability to discern things due to intellectual disability or make decisions, the Defendant took two times the head of the victim E as an empty major disease, which is a dangerous object in the scheme, and caused the victim D to smoke tobacco to the Defendant, and took part in the victim E as an empty major disease, which is a dangerous object in the same state on the ground that the victim D is bad.

As a result, the defendant put the victim E into two scopic scopic scopic scopic scopic scopic scopics requiring approximately one week of treatment, and approximately two weeks of treatment to the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Requests for cooperation with investigations;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Mitigation of mental disorders and injuries under Articles 10 (2) and 55 (1) 3 of the Criminal Act;

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

1. Sentence of a sentence is inevitable on the ground that the defendant commits the same crime only once a year after he/she was sentenced to a suspended sentence for the same crime under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation;

However, the defendant committed the crime of this case in the state of mental disability and the victims.