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(영문) 울산지방법원 2018.08.16 2018고단966
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant and C, on December 18, 2017, performed drinking together within the “E” located in Ulsan-gu, Ulsan-gu, Seoul-do, on the ground that the victim F (52 years of age) who was an employee of the sound master of the above string club at the stage while drinking alcoholic beverages together with drinking, does not make the Defendant’s motion. As such, the Defendant was able to take the victim’s face at his hand by moving the victim’s knick at one time at one time and by moving the knick part of the victim’s knife into the next floor, leading the head under his hand and knife the body of the knife and the body of the head under his hand, and C was able to take the face of the victim’s face by combining it with drinking.

As a result, the defendant jointly with C, caused the victim to suffer approximately two weeks of treatment.

Summary of Evidence

1. Each legal statement of the defendant and C

1. A protocol concerning the examination of the suspect of the defendant or C by the prosecution;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense (elective of imprisonment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] general injury [the scope of the recommended sentence]; consideration of the following factors: (a) minor injury (including a person with special mitigation) in the area of special mitigation (one month to one year); (b) minor injury (including a person with special mitigation); (c) minor punishment (including a serious effort to recover damage); or (d) where considerable damage has been restored (the decision of the sentenced sentence] several times before the same end; (d) the fact that it is against contingent crimes; and (e) the fact that the agreement has been reached;

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