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(영문) 울산지방법원 2013.09.05 2013고단1692

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

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

Reasons

Punishment of the crime

At around 11:30 on January 18, 2013, the Defendant suffered an injury to the victim, who had a dangerous object used for work, such as the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement concerning F;

1. Records of seizure and the list of seizure;

1. A written diagnosis of injury (E);

1. Application of Acts and subordinate statutes to damaged photographs (E);

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 (i.e., the victim’s exercise of tangible power first while in a dispute, etc.) may be considered in the course of committing the crime; and (ii) there was an agreement between the Defendant and the victim;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the reasons for discretionary mitigation);

1. The above facts constituting the crime of sentencing under Article 62-2 of the Social Service Order Criminal Act are crimes falling under the category 1 of habitual injury, repeated injury, special injury, etc. according to sentencing guidelines, and does not seem to have any particular aggravated element, and there is “unguilty for punishment” as mitigation element. Thus, the sentence is determined as ordered in consideration of all the circumstances revealed in the trial and records of this case within the scope of the mitigation area

On the other hand, the reasons for suspending the execution of punishment are as seen earlier.

The term "one main reason for the suspension of execution (where a person commits a crime by carrying a deadly weapon or other dangerous object) in accordance with the sentencing criteria and one of the major reasons for pride (where a penalty is imposed, it shall be applicable to the case where a person may choose the suspension of execution)."