beta
(영문) 울산지방법원 2015.09.24 2015고단924

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

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

Reasons

Punishment of the crime

On April 7, 2015, around 15:30, the Defendant assaulted the victim's head on one occasion with the glass cup, which is a dangerous article, of the victim's head head knife, knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife l

Summary of Evidence

1. The defendant's partial statement (the purport that although the defendant abuseds the victim, he/she did not look at it in favor of the victim);

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Written statements of D;

1. The application of Acts and subordinate statutes to photographs, photographs, or photographs of saws, the face of which is opened due to injuries, due to glass photographs and injuries used at the time of the injury;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] of the crime of assault (the scope of recommending punishment] that there is no basic area [6 months to 10 months] of the basic area (6-1 year and 10 months) of the crime of assault (a person who is habitually punished] [decision of sentencing] [the nature of the crime is not good by carrying dangerous articles and assaulting the victim so that it is not good to commit the crime, such as denying a part of the defendant, and there is no doubt that there is a danger of recidivism, such as finding the victim as an assault even after the crime of this case, and the fact that no agreement is reached with the victim is disadvantageous to the defendant.

However, in addition to the fact that the defendant's act of assault was committed in favor of the World Cup, the degree of assault is not severe, the victim deposited some money for the victim, and there is no record of criminal punishment in Korea, etc., the circumstances favorable to the defendant and other various sentencing conditions indicated in the records, such as the defendant's age, character and behavior, environment, and circumstances after the crime, shall be determined as ordered by the sentence.