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(영문) 울산지방법원 2015.12.18 2015고단1678

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 14, 2015, at around 03:30, the Defendant: (a) considered that other people are disregarding themselves while drinking three female Domins, including two women, including the Defendant’s day-to-day and the victim E (at 28 years old), while drinking alcohol; and (b) caused injury to the victim, such as the closure of a non-frings, which require approximately three weeks of treatment, by gathering beer disease on the table of the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E and F;

1. Protocol concerning the examination of suspect of G;

1. Statement of the police statement related H;

1. A written confirmation of medical treatment and a written injury diagnosis;

1. Damage photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and 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 Social Service Order Criminal Act [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury, category 1 (Habitual Injury, Bodi Bodi Bodi Bodily Injury), mitigation area (1 year and 6 months to 2 months), punishment not (including efforts to recover damage), or considerable damage recovery (a decision of sentence] being committed by a defendant (a decision of sentence] being committed by a defendant, without the criminal power of the same kind, the fact that the defendant has no criminal history, and that the victim does not want punishment against the defendant by mutual consent with the victim is favorable sentencing factors for the defendant.

In the instant case, the victim’s injury caused by an injury, such as the closure of a non-pellet, which requires treatment for about three weeks, is an element for sentencing disadvantageous to the Defendant.

Other conditions of sentencing, such as the age, character and conduct, environment, and circumstances after crimes, shall be determined as per the order.