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(영문) 울산지방법원 2015.06.05 2015고단642
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:30 on July 31, 2014, the Defendant suffered bodily injury, such as two open skins, which require approximately 14 days to be treated to the victim, due to a shoulder-in disease, which is an object dangerous to chemicalized and dangerous to chemicalized, as the Defendant was at the D private house located in Ulsan-gu C, Ulsan-gu, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on report of occurrence;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury, Type 1 (Habitual Injury, Bodi Bodi Bodi Bodily Injury), the mitigation area (1 year and six months to two years), the mitigation area (including special mitigation), the punishment not (including serious efforts to recover damage), or considerable damage recovery (the decision of sentence], the Defendant’s method of committing the crime is very poor, the degree of the victim’s injury is not easy, and the two times of the same power are disadvantageous to the Defendant.

The fact that the defendant is against the time of committing the crime, there is no criminal history more than the suspension of execution, the victim does not want the punishment for the defendant by mutual consent with the victim, the original prosecution of this case was suspended, but the defendant was prosecuted for committing a separate crime of obstruction of performance of official duties. The fact that the defendant is a university student, who is currently in cooperation and is scheduled to join the military is the sentencing factor favorable to the defendant.

In addition, the punishment shall be determined as ordered in consideration of the age, character and conduct, environment, relationship with the victim, circumstances after the crime, etc., and the execution of such punishment shall be performed.

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