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(영문) 울산지방법원 2015.02.12 2014고단3988

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On November 22, 2014, at around 00:05, Defendant A, in combination with the victim B (the age of 49) who carried on the side table in Ulsandong-gu D, Ulsandong-gu, and went to a dispute as an issue of the company while drinking alcohol together, Defendant A’s disease, which is a dangerous object on the table, was 4th left side of the treatment days, to the victim.

2. Defendant B, at the time, and at the place indicated in the preceding paragraph, flabed the flaps of the victim A (years 52) and flabed the victim’s face, and flabed the victim into the left-hand eye and opened the victim’s face requiring approximately one week medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Requests for cooperation with investigations;

1. Application of Acts and subordinate statutes to a report on investigation (in the case of failure to attach photographs of a criminal tool);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) 2 of the Criminal Act: Selection of a fine, Article 257 (1) of the Criminal Act, and Article 257 (1) of the same Act;

1. Mitigation (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act (Defendant B)

1. Defendant A [the scope of recommendations] The mitigated area (one year and six months and two years and six months) [the person subject to special mitigation] [the person subject to special mitigation] who is not subject to punishment (the decision of sentence], and is not subject to punishment that is not easy to the victim. However, considering the fact that the victim did not have any past record of criminal acts other than the same criminal record and fine, and that the victim has reached an agreement with the victim.

1. Although there are many criminal records of the same kind of crime, it is not easy to impose criminal liability in that it is a crime during the suspension period of execution of the same kind of crime, it is in the process of disputing with the above defendant, the degree of injury is minor, and it is agreed with the victim.