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(영문) 울산지방법원 2015.05.15 2015고단521

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

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 02:40 on December 27, 2014, the Defendant: (a) while drinking alcohol at D’s “D” points in Yangsan City, the Victim E (the age of 48) blicked a Silverb, which was a dangerous object on the table, blicker’s hand, and blicked the victim’s head; (b) blurd the victim’s head, blurd the victim’s head, blurd the victim’s head, and blurd the victim’s head, blurd the victim’s head, and blurd the victim’s head, which requires approximately six weeks of treatment; and (c) blurd the victim’s open body.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused (including E statements);

1. Statement of the Police Opinion of F, G, and H:

1. Application of Acts and subordinate statutes to the scene and the victim's body photograph;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] In the case of habitual injury, repeated injury, special injury (Habitual Injury, Bodi Bodi Bodi Bodily Injury), the mitigation area (one year and six months to two years) [Special Mitigation] (including efforts to recover damage) or considerable damage (decision of sentence] where the defendant's criminal method is very poor; the defendant's criminal method is very poor; the same criminal power becomes 15 times including one criminal power and five times the suspended execution power; and the defendant is likely to habitually commit violent assault; and the defendant is likely to repeat the crime, which is disadvantageous to the defendant.

It is the sentencing factor favorable to the defendant that the defendant is committed and the victim does not want the punishment for the defendant by mutual consent with the victim.

The age, character and conduct, environment, and circumstances after crimes of the accused.