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(영문) 울산지방법원 2015.11.12 2015고단1926

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

except that 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 8, 2015, the Defendant: (a) around 16:00, on the ground that the Victim E (year 50) who was aware of the fact that he borrowed money from the “Dnoman Bank” located in Ulsan-gu, Ulsan-gu, Seoul was not repaid; (b) the Defendant left the part of the victim’s head one time with beer who was a dangerous object on his customer.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victim in open room for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E statements;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act: (a) the mitigated area (one year and six months to two years) (one year and six months), the mitigated area (a special mitigation) [a person] [a person who has been sentenced] the mitigated area] (a person who has been sentenced] the head of a victim due to beer who is a dangerous article by the defendant; and (b) the nature of the crime is not good; but the defendant is against the defendant; (c) the victim does not want the punishment against the defendant; (d) the victim does not want the punishment against the defendant; and (e) the circumstances favorable to the defendant, such as the defendant’s age, character and conduct, environment, and circumstances after the crime, etc., shall be determined as the sentence