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(영문) 울산지방법원 2014.10.16 2014고단2332

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 6, 2014, at around 05:50 on May 6, 2014, the Defendant, at the “E” point operated by the victim D (n, 40 years of age) in Ulsan-gu C, for the reason that the victim was able to complete his/her business, while drinking alcohol, he/she saw the victim’s face while drinking alcohol to the victim, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of four copies of violence against the victim and on-site photographs of the victim;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, Article 260 (1) of the Criminal Act;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence under Article 62(1) of the Criminal Act is not easy in light of the following: (a) the mitigation area (Habitual, Habitual, Habitual, and Special Violence) (4-1-2) and the mitigation area (special mitigation) [specific mitigation] and the majority of the criminal records of violence (decision of sentence]; (b) the punishment is not easy; (c) but erroneous recognition and reflects; (d) the victim has repeatedly sought the Defendant’s wife by committing the crime against the victim; and (e) the sentencing factors indicated in the record, such as the Defendant’s age,