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(영문) 울산지방법원 2015.06.25 2015고단159
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant shall be punished by a fine of KRW 1,00,00,00 for the crime No. 2 as stated in the judgment, with respect to the crime No. 1 as stated.

Reasons

Punishment of the crime

On November 7, 2014, the Defendant was sentenced to a suspended sentence of one year for six months of imprisonment with prison labor due to an injury, etc. at the Ulsan District Court, and the judgment was finalized on the 15th of the same month.

1. When the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc.) lacks the ability to discern things or make decisions due to intellectual disorder, the Defendant d'D' convenience store located in Ulsan-gu Seoul-gu, Seoul-do, around August 18, 2014 and d'D' convenience store on the ground that the victim E (e.g., 52 years of age) who is an employee "heat at his house" was cut off and taken off the victim's left hand by hand, and cosmetic glass disease (the height is 19cm, 5cm wide area is 5cm) which is a dangerous object in his/her possession, and caused the victim's injury to the victim by putting three times the left eyebrow and the left part of this part of this part of this part of this part of this case.

2. In a state where the Defendant lacks the ability to discern things or make decisions due to intellectual disorder, on December 24, 2014, at the entrance of “G Cosmetics” located in Ulsan-gu F on December 24, 2014, the Defendant: (a) was flicked on the ground that the victim H (the 26-year-old age), who is an employee of the store, avoided a trial line; (b) was flicked by the victim, and the Defendant was flicked on the victim’s left-hand part by drinkingly flick.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A H statement;

1. Photographs of the victim's body;

1. Previous records of judgment: Application of criminal records, inquiry records, and copy of judgment;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of carrying dangerous articles and the choice of imprisonment), Article 260 (1) of the Criminal Act (the occupation of violence and the selection of fines)

1. Articles 10 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act for the treatment of concurrent crimes;

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