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(영문) 울산지방법원 2012.12.28 2012고단3455

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 8, 2012, at around 12:35, the Defendant, while drinking a mixed alcoholic beverage at a D restaurant located in the Ulsan Jung-gu C market, Ulsan-gu, U.S., the Defendant: (a) brought the victim E (the age of 57) who took the next seat and was subject to criminal punishment for the past due to the victim’s complaint; (b) brought the victim’s head at one time due to a dangerous thing, and (c) brought the victim a breath of the victim’s head to undergo a medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Agreement) for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (self-afgress and contingent crimes) of the suspended execution;