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(영문) 울산지방법원 2015.08.27 2015고단1645
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 22:30 on July 12, 2015, the Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) brought about a way to avoid entering the dormitory of the D Company in Ulsan-gun C, Ulsan-gun, for the reason that the Defendant’s wife filed a divorce lawsuit, the victim E, who is the Defendant’s wife, brought about about approximately 21 cm in the first floor restaurant, and prevented the victim from entering the entrance in front of the entrance door of the victim on the second floor.

Accordingly, the defendant carried dangerous things and invaded the victim's room.

2. The Defendant violated the Punishment of Violence, etc. Act (injury by collective action, deadly weapons, etc.) in a temporary border, such as Paragraph (1) of the same Article, as the victim threatened the victim with the above knife for the same reason, and the victim’s knife “I am maz that does not talk about the snife?” was divided into two knife of the knife and the knife of the knife.

Accordingly, the defendant carried dangerous objects and carried them about about two weeks to the right side research dog and the opening of the old ferries.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, G, H, I, and J;

1. Investigation report (with respect to attachment of knife photo used for committing the crime, knife photograph);

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

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc., Article 3 (1) of the Criminal Act, Article 319 (1) of the Criminal Act (the occupation of entering a residence with dangerous things), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc., and Article 257 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reasons for sentencing of Article 62(1) of the Criminal Act, upon carrying dangerous things, intrudes upon the residence and inflict injury on the victim.

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