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(영문) 울산지방법원 2013.09.05 2013고단2524
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, 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 23:00 on May 17, 2013, the Defendant, while drinking alcohol together with the Victim F (35 years of age) at the main point of “E” located in Ulsan-gu, Ulsan-gu, Seoul-gu, the Defendant, when drinking alcohol, fluencing the victim’s drinking to G, and flucing the victim with the dangerous object on which the victim was flucing on the table table, which was a dangerous object on which the head of the victim was on the table table, was faced with about 25cm, and the Defendant suffered from the victim’s head at the above contact, caused the victim to suffer injury, such as the opening of the two right frames that require treatment for about 35 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., primary crimes, and consideration given to the victim by paying 16 million won to the victim and giving an agreement with the victim);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. It is so decided as per Disposition for the reason that probation and community service order is more than Article 62-2 of the Criminal Act (in view of the degree of damage, etc. of the victim, it is reasonable to impose a certain period of community service in order for the defendant to return to

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