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(영문) 울산지방법원 2014.01.13 2013고단3604
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

At around 22:20 on July 15, 2013, the Defendant, while drinking alcohol together with the victim E (the age of 59) located adjacent to the “D” located adjacent to Yangsan City, was at issue with the victim, and the Defendant was at issue with the victim’s seat at the time of diving, and was in a dispute with the victim with the victim. The Defendant was at issue with the victim’s seat at the time of diving, and her flab, her hand, her flabing the victim’s flab, and her face, which is an object dangerous to the victim’s flabing, and her flabing the victim’s flab ( approximately 50 cm, about 70 cm, her length flab). The Defendant inflicted an injury on the victim’s face, such as flabing, which requires approximately 8 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of each police statement to F and E;

1. Medical certificates (E);

1. Application of Acts and subordinate statutes to photograph the Speaker;

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. The above criminal facts on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., that an agreement has been reached between the defendant and the victim) are crimes falling under Category 1 of habitual injury, repeated injury, injury, special injury, etc. according to the sentencing guidelines, and constitute an aggravated element. As a mitigation element, the crime constitutes a "serious injury" as an aggravated element, and the sentence is determined as ordered by taking into account all the circumstances indicated in the trial and records of this case within the scope of sentence in the basic area.

It is so decided as per Disposition for the above reasons.

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