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(영문) 울산지방법원 2014.11.21 2014고단2991
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendants shall be punished by imprisonment for one year and six months.

However, for the two-year period from the date of the conclusion of this judgment, the defendants are respectively subject to the judgment.

Reasons

Punishment of the crime

1. On June 22, 2014, at around 16:20 on June 22, 2014, Defendant A found for the reason that: (a) F, who is a usual friendly friendly son and the injured party B (the age of 49) frequently performed marital fighting with the injured party; and (b) provided guidance on marital fighting with the injured party.

The victim caused severe injury to the victim in the number of days of treatment by having the victim teared twice the body of the victim at the price of the body, which is a dangerous object that the victim had breath because of the victim's speech not being heard.

2. Defendant B, at the same time and place as indicated in paragraph (1), displayed and threatened a knife (total length of about 30 cm) that is dangerous things in the kitchen, against the assault of the victim A (age of 48) at the same time and place as indicated in paragraph (1), and the victim tried to control it, thereby causing injury to the victim in the number of days of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on occurrence;

1. Application of statutes on site photographs;

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 (the point of inflicting an injury on a dangerous object);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of each community service order;

1. Sentencing criteria;

(a) Defendant A (a person subject to special mitigation) is not subject to punishment for the mitigated area (one year and six months to two years and six months) (a person subject to special mitigation) of Category A (a person subject to special mitigation) of the Special Injury;

B. Defendant B [Extent of Recommendation] The mitigated area (one year and six months to two years and six months) of the mitigated area (a special mitigation area) of the special injury (a special mitigation area) No. 1

2. The Defendants were injured by carrying dangerous articles with respect to each other. In light of the content and form of the instant crime, although the nature of the crime is not less than that of the crime, the Defendants were not subject to punishment for each other, and the background leading up to the instant crime.

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