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(영문) 울산지방법원 2015.10.14 2015고단1285

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

The defendant is a person who operates a massage place as the visually disabled, and the victim C (the age of 34) is a member of the D Association guidance committee as the visually disabled person.

On December 8, 2014, at the D Association office located in Ulsan-gu E around 16:30 on December 8, 2014, the Defendant has a problem of closure of a massage place operated by the Defendant, and is punished for the victim and trial expenses.

In advance, with stone stone, which is a dangerous object coming from the roadside floor, string the victim first, and string another stone with a stone, and string the victim’s face once, the victim injured the victim, which requires approximately four weeks of treatment.

Summary of Evidence

1. The defendant's partial statement (the purport that he was faced with the stone and inflicted an injury on the victim, and did not cut the stone);

1. Statement of each police statement related to C and F;

1. Photographs with stone;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do149, Feb. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);