beta
(영문) 울산지방법원 2015.06.05 2015고단774

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On January 3, 2015, the injured Defendant: (a) around 00:23, at the main point of “D” located in Ulsannam-gu, Ulsan-gu, Seoul-gu, where he drinks together with the injured E (44 years old); (b) had the victim’s head one time through plastic discontinuance, and put the victim’s head into two parts of the number of days of treatment, without any reason.

2. Around 01:40 on January 3, 2015, the Defendant expressed a knife, which is a lethal weapon, to the victim F (the knife knife knife knife knife knife knife knife knife knife knife knife) and the victim E (the knife knife knife knife knife knife knife knife)

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect of F or E;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to photographs of the suspect's body;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 283 (1) of the Criminal Act (the point of intimidation to carry dangerous articles) and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for the crime of elective injury;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, in the case where the mitigated area (4 to 1 year), the mitigated area (4 to 4 months), the mitigated area (including serious efforts to recover damage), or considerable partial damage is recovered, the second crime [the scope of recommending punishment] the mitigated area (2 to 1 year), the mitigated area (2 to 2 years), or the mitigated area (2 to 1 year) (including serious efforts to recover damage), the mitigated area (2 to 2 to 1 year), the mitigated area (2 to 3 years), the mitigated area (2 to 30 years), or considerable damage is recovered, the final sentencing scope according to the aggravated punishment for multiple crimes: April to 16 [Pronouncement Decision], but the defendant's method of committing the crime is defective.