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(영문) 울산지방법원 2015.01.30 2014고단3612
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for 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 22:20 on October 24, 2014, the Defendant took the face of the victim D (the age of 22) who is an employee of the above main office of the Defendant as a mobile phone, and then took the face of the victim D (the age of 22) as a mobile phone. The Defendant heard the victim’s words “I want to show the opening of the house without obtaining permission” from the victim, “I want to see why I want to show the opening of the house” from the victim, “I want to take a photograph to show the opening of the house.” However, the Defendant collected a beer fright, which is a dangerous object on the table, to the victim’s face.”

Accordingly, the defendant used dangerous objects to assault the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of D or E;

1. Application of Acts and subordinate statutes of violence victim photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, Article 260 (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] There is no basic area (6-month period, repeated crime, special assault) [6-10 months] of the basic area (6-month period and 10 months) of the crime [decision of sentence] of the defendant. However, although the method of the crime is inadequate, the defendant is against himself/herself at the time of committing the crime, the defendant has no record of the same crime, other conditions of sentencing such as the defendant's age, character and conduct, motive for committing the crime, relationship with the victim, circumstances after committing the crime, etc., the sentence shall be determined as ordered, and the execution of the sentence shall be suspended, but community

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