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(영문) 울산지방법원 2015.09.24 2015고단461

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

On April 27, 2014, at around 08:00, the Defendant was in the front of the “D” restaurant located in Ulsanbuk-gu C, Ulsan-gu, when the victim was in a verbal dispute with F, the 25-year old victim E (the 25-year-old) and the victim was in the middle at the front of the “D” restaurant, his head, etc. with the victim, etc. on the ground that the victim was in the middle.

As a result, the defendant carried dangerous articles with the victim about three weeks of treatment, and the head head typology of the victim in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. A protocol of suspect examination of G police officers;

1. Each police statement of E and F;

1. Reports on internal investigation (in relation to the attachment of photographs on the spot and on the part of the body of the victim, each photograph), investigation reports (in relation to the attachment of a field photograph, each photograph);

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The mitigated area (1 year and 6 months to 2 months) of Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (1 year and 2 months) (1 year and 6 months), the mitigated area (1 year and 2 months), [1 year and 1 year and 6 months] [1] the decision of sentence] the defendant's decision of sentence was made with a view to the victim with a view to a view to 3 weeks, which is a dangerous object, and the fact that the defendant's attitude of being tried is not good, such

However, the above punishment shall be determined in consideration of the circumstances favorable to the defendant, such as the fact that the defendant is against the defendant, that there is an agreement with the victim, that there is no past record of the suspension of execution or higher punishment, and other various sentencing conditions in the records, such as the age, character and behavior, environment, conditions after the crime