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(영문) 울산지방법원 2015.11.19 2015고단944

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a legal couple who married on October 8, 1994 in the victim C (math, 43 years of age) and in China and is a married couple.

The defendant had the victim living together with the area of Gangwon-do where he had resided, but the victim was refused to do so.

At around 07:00 on March 3, 2015, the Defendant committed assault against the victim, such as the victim’s body going beyond the victim and the victim’s body that was going beyond the balone, on the ground that the victim refused to live together with the area of Gangwon-do where the Defendant was living, and the victim was called “a person with a thickness in Gangwon-do.” However, the victim’s face was viewed as “a person with a thickness.”

As a result, the Defendant carried dangerous things and inflicted an injury on the victim, such as an open standing room in the mouth, open standing room in the mouth, and an open standing room in the following bridge.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Statement to C by the police;

1. C’s statement;

1. Investigation report (with respect to the materials and photographs of the suspect A and the site, and photographs of each site);

1. A written diagnosis of injury;

1. A family environment survey report;

1. Application of Acts and subordinate statutes to photographs of victims;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act: Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodi Bodily Injury) (1 year and 2 months) (1 year and 2 months) (special mitigation) is mitigated area (a person subject to a suspended sentence] (a decision subject to a suspended sentence] that the defendant carries dangerous goods and thereby causes injury