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(영문) 울산지방법원 2013.09.26 2013고단2703
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 8, 2010, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act and two years and four months of imprisonment with prison labor for a total of one year and six months, etc. at the Ulsan District Court on July 8, 2010, and completed the execution of the sentence at the Busan Correctional Institution on October 6, 2012.

At around 21:30 on January 29, 2013, the Defendant: (a) had the victim E, who drinks alcohol together with the victim E (the age of 44) and went against the victim who was an extension of the victim, and was in dispute with the victim, the Defendant heard the victim’s horses “prisoning”, “prisoning the victim’s breast part of the victim’s chest,” and (b) had the victim do so two times by drinking the victim’s hair, putting the victim’s hair back from the second floor to the second floor by walking the victim’s hair, and falling off from the second floor to the second floor.

The Defendant continued to drive off the face of the victim who had been exposed, broken an empty beer disease on the floor by cutting it up, and caused the victim's injury to the victim, such as "a closed inside and the floor to be treated for about 56 days," with knife beer, which is a dangerous object, such as a knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Photographs of the victim;

1. Investigation report (as to attach a written diagnosis of injury to a victim);

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (the attachment of written judgments, the status of personal identification and confinement of each individual, and the list of related cases) Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 57 of the Criminal Act including the number of days of pre-trial detention is very serious in the course of exercising violence against the victim in the reason of sentencing, the degree of injury suffered by the victim is serious, and the damage is not suffered entirely, and the defendant's act of injury by using a deadly weapon.

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