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(영문) 울산지방법원 2015.10.08 2015고단2016
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who manages the building located in Ulsan-gu, Ulsan-gu, and the victim D(48) is a lessee of the first floor shop in the above building.

Although the victim leased the 1st floor store of the above building, the Defendant operated a cafeteria located in Ulsan-gu E located in Ulsan-gu E located in another place without operating the business for about one year, and the victim promised to receive part of the premium if the new lessee appears in the 1st floor store of the above building between the victim and the 1st floor store of the above building. However, the victim failed to perform the above promise, and the victim was dissatisfied with the complaint.

At around 16:50 on August 10, 2015, the Defendant found the “F” restaurant operated by the above victim, and the victim demanded that “the new lessee has completed the new contract. However, why is the promise to give a premium is not fulfilled, the Defendant used a food blade (30cm in length, 20cm in blades) which is a dangerous object in the above restaurant, and served toward the victim’s left part.”

Accordingly, the Defendant carried dangerous objects as above and inflicted injury on the victim's left part by tearing about about 10 cm, thereby causing approximately three weeks of treatment to the left part of the elbow.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. On-site photographs, etc., report on the results of the investigation, investigation report (Submission of the injury diagnosis report, etc.);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [the scope of recommending] the area of mitigation (one year and six months to two years) (special mitigation).

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