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(영문) 울산지방법원 2013.08.29 2013고단2394

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On May 6, 2013, the Defendant: (a) around 03:00, the Defendant: (b) 3 ping the victim E (the age of 57) in Ulsan-gu, Ulsan-gu; (c) sing the victim’s left chest while drinking the alcohol, and (d) kid the victim’s fingers into the part in order to talk the victim’s drinking; (b) while the victim gets her finger, the Defendant her fingers with the Defendant’s fingers; (c) while she takes a bath to “hing,” the Defendant her fingers her hand; (d) the Defendant her fingers her hand; and (e) the Defendant her hing the beer’s head, her head, and her head, who was on the part of the hinger, and her head, who was on the part of the hinger, her head, and her head, who was on the part of the hinger.

As a result, the defendant carried dangerous objects with the victim about three weeks of medical treatment, which requires two-time medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of cooperation in investigation;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., payment of 47 million won to the injured party and consideration of agreed points, etc.);

1. Suspension of execution of a punishment under Article 62 (1) of the Criminal Act (the execution of a punishment shall be suspended in consideration of the existence of the same circumstances as the above and the records of suspension of qualifications or more severe punishment, but a relatively long period of suspension of execution shall be determined in consideration of the risk

1. Probation and community service order are judged as above on the grounds of not less than a certain period of community service in order for the defendant to return to a sound member of society, considering the fact that the degree of damage is serious (the degree of damage of the victim) of the Criminal Act.