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(영문) 울산지방법원 2016.04.29 2015고단3219

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of a sentence shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 29, 2015, the Defendant, in Ulsan-gu, Ulsan-gu, around 23:00, had known about about 10 years before the Defendant, and was in a currency with the victim D (42 years old) and money problem, and the victim took a bath to the Defendant.

At around 23:20 on the same day, the Defendant driven a E-car, and sought the victim who was in front of the point of Ulsan-gu Seoul Metropolitan Government's semi-gu in Ulsan-ro 345.

The defendant driving a motor vehicle, which is a dangerous object, led the victim to the right ahead of the driver's seat of the motor vehicle, and led the victim to the front of the driver's seat of the motor vehicle. The defendant sold three golf bonds, which are dangerous articles in the ridge between the victim and the driver's seat of the motor vehicle, and the victim could not get out of the front wheels, and caused two strings to the victim by using golf bonds, such as the head of the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to seized articles and photographs of injury to victims;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows, and the defendant's age, sex, environment, etc. shall be determined as follows.

Sentencing 1- Sentencing 1- Sentencing 2- The sentencing sentencing sentencing sentencing sentencing factors to the extent that it may cause a fatal consequence is highly dangerous - The injury suffered by the victim compared to the content of the crime seems not to be relatively heavy - The injured person immediately after the crime did not want to be punished by the defendant, and the injured person complained of the defendant's prior action against the defendant due to his mistake in the trial process. - The accused does not have the same criminal record for the same kind of offense.