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(영문) 울산지방법원 2015.03.26 2014고단3682

폭력행위등처벌에관한법률위반(공동상해)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. On September 13, 2014, the Defendant and C violated the Punishment of Violences, etc. Act (joint injury) and on September 14, 2014, around 300, the victim F (17 years of age) sexual harassmented C with the victim’s eel 306 room in Ulsan-gu, Ulsan-gu, and the victim’s friendly-gu talks that the victim’s friendly-gu talks C, and the victim’s friendly-gu talks with the victim’s head, was laid on the floor by cutting off the victim’s head, and her body was cut off on one side after the victim’s body was cut back. The Defendant s/he sawd the victim’s head, and her her son her body.

As a result, the defendant, in collaboration with C, inflicted an injury on the right side of the first step in need of treatment for about 35 days.

2. On September 13, 2014, at around 15:30 on September 13, 2014, the injured Defendant, while drinking alcohol together with the victim G (the age of 17) at the place indicated in the preceding paragraph, inflicted injury on the victim, on the ground that the victim was in drinking alcohol, such as drinking water, was pushed down on the wall, and the victim’s face was taken over, thereby making it difficult for the victim to receive treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes, such as medical certificates of injury, investigation reports (report attached to certificates of admission and discharge), and certificates of admission and discharge;

1. Relevant Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 257 (1) of the Criminal Act, the selection of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Type 1 of Article 62(1) of the Criminal Act for the reasons for sentencing under Article 62(1) of the suspended sentence is the mitigated area of Category 1 (Recommendation Scope) and the mitigated area (2-1 (Special Mitigation) (2-1) [the scope of Recommendation ] and Article 62(1) of the Criminal Act.