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(영문) 울산지방법원 2015.09.10 2015고단1177
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendants shall be punished by imprisonment for one year and six months.

However, it is against the Defendants for 3 years from the date of the conclusion of the judgment.

Reasons

Punishment of the crime

On February 12, 2015, at around 23:20, the Defendants 23:20, the victim F (the 45-year-old) tried to see with the victim’s face at the port of “E” located in Ulsan-gu, Ulsan-gu. The Defendants sent the victim’s face to be a beer, which is a dangerous object on the table, after the Defendant A pushed the victim, and then the victim’s face to be able to take up with the beer’s face. Defendant B also she combined with Defendant B, which is a dangerous object on the table.

As a result, the Defendants conspired in collusion and carried dangerous goods with the victim to inflict an injury on the victim, such as an open head part in need of treatment for about two weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement made by the police of F and G;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damaged parts of crime tools and photographs;

1. The Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Articles 257 (1) and 30 of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants in a suspended sentence: The reasons for the sentencing of Article 62(1) of the Criminal Act [Scope of Recommendation] The mitigated area (one year and six months to two years and six months) of habitual injury, repeated injury, and special injury (one year and six months) [Special Mitigation] of the mitigated area (one year and six months and six months) [Special Mitigation] of the Punishment not to impose a bodily injury on the victims as jointly dangerous articles] but the nature of the crimes is not good, but the Defendants are led to confession and rebuttal, the victims agreed with the victims, and the victims do not want the punishment against the Defendants; the victims do not want to have any record of the suspended sentence or more; the degree of the bodily injury is not excessive; the court shall determine the sentence as ordered in consideration of various sentencing factors indicated in the records, such as the defendants' age, character and behavior, environment, and circumstances after the crime.

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