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(영문) 울산지방법원 2015.05.14 2015고단354
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 2,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On January 13, 2015, Defendant A violated the Punishment of Violence, etc. Act (a collective injury by deadly weapons, etc.), around 02:55, at the “F restaurant” in Ulsan-gu, Ulsan-gu, Seoul-do, the victim B (the victim B (the age of 45) and the victim, while drinking alcohol, brought the victim's face to the outside of the restaurant, and led the victim's face to the outside of the restaurant, and led the victim's face to the outside of the restaurant. On the other hand, Defendant A sent the victim's head to the bar plate (the name of 25cm) which is a dangerous object in front of the restaurant.

2. The injured Defendant B, at the time and place described in paragraph 1, fatd the fat of the victim A (the age of 46), and fatd the fat of the victim’s face, and fatd the victim’s face by drinking the victim’s face, thereby causing injury to the victim on the part of the unfatcing part of the treatment days, the left part of the snow.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each investigation report and photographs (including CCTV images) Acts and subordinate statutes;

1. Relevant provisions of the Act on the Punishment of Violences, etc. and the choice of punishment - Defendant A: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act - Defendant B: Article 257(1) of the Criminal Act (Selection of Fines);

1. Discretionary mitigation (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 70 (1) and Article 69 (2) of the Criminal Act in the custody of a workhouse (Defendant B);

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

1. Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act (Defendant B)

1. Where the mitigated area (one year and six months through two years and six months), the mitigated area (including specially mitigated persons), the penal penalty not (including advanced efforts for recovery of damage), or considerable damage has been recovered in accordance with the sentencing guidelines (the scope of recommending punishment) (the scope of habitual injury, repeated injury, and special injury) of habitual injury, the repeated offense, and the special injury;

2. Determination of sentence - Defendant A: Notwithstanding multiple criminal records exceeding 10 times, this case is followed.

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