beta
(영문) 울산지방법원 2017.10.25 2017고단1401

폭력행위등처벌에관한법률위반(공동상해)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and joint defendant D (hereinafter referred to as "D"), victim E (31) and victim F (30 years of age) are officers of new brue strike, who are violent organizations working in the Ulsan Daily, and the defendant and D are the officers of victims.

On June 13, 2013, the Defendant took a bath to the victims on the ground that the victims do not hear the horses of their usual vessel and do not do so in the vicinity of the public toilets in Ulsannam-gu, Ulsan-gu, Ulsan-do, and that the victims do not take the horses of their usual vessel, and the Defendant took care of the victim’s face, etc. by hand, and D took care of the victim’s face.

As a result, the defendant jointly with D, caused the victim E to suffer a wound on the left-hand side, which requires approximately three weeks of treatment, and assaulted the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Statement made by the police with regard to F;

1. Application of statutes in a statement of intention;

1. Article 2(2) and Article 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 2(2) and Article 2(1)1 of the former Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act; Article 2(2) of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Joint assaults of choice of imprisonment: Articles 2(2) and 2(1)1 of the former Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act; and choice of imprisonment.

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the period of both crimes is aggregated);

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Crimes No. 1 in the sentencing guidelines [the scope of recommendation] general injury (the scope of general injury) of Type 1 in the mitigated area (2-1 in February) [the person specially mitigated] in the effort to recover damage [the scope of recommendation] of Category 2 in the mitigated area (1 month-8 months) (the scope of punishment) of the mitigated area (1-month-8 months) [the person specially mitigated] of the mitigated area.