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(영문) 울산지방법원 2015.06.04 2014고단2587

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

At around 08:40 on May 21, 2014, the Defendant: (a) committed assault against the victim D(38) who was aware of his reputation in his front of his house in Ulsan-gun, Ulsan-gun, Ulsan-gun, on the day before the Defendant’s imposition of the fine on the day he wraped with other neighbors; (b) he was flicked by the Defendant; (c) he was flicked; (d) he was flicked; (d) he was flick; (d) he was flicked; (e) he was flicked; (e) he was flicked; (e) he was flicked; (e) he was flicked; (e) he was flicked; (e) he was flick

In this respect, the defendant, who is a dangerous object, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on report of occurrence of violence;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, and subparagraph 1 of Article 260 of the Criminal Act (a person who uses a lethal weapon with a deadly weapon);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The scope of sentence under Article 62(1) of the Criminal Act is the mitigated area (Habitual, Cumulative, Habitual, and Special Violence) [Special Mitigation] [Special Mitigation] and majority of the criminal records are not sufficient to commit the crime, such as making a decision of sentence], and assaulting the victim by carrying a deadly weapon, but its mistake is recognized and contradictory, and the victim does not want to be punished, and other sentencing materials in the records are integrated into the sentencing materials in the records, and the sentence shall be determined as per Disposition.