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(영문) 울산지방법원 2015.01.08 2014고단2932
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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

On June 7, 2014, at least 21:15, the Defendant: (a) reported victims E (Nam, 40 years of age) and her prompt name while drinking alcohol to China, and the victim said that the victim would drink alcohol at another place; (b) together with the desire that “the victim shall do so at any time and at any other place, she shall do so.” (c) the beer’s disease on the bottom of the area where the victim was placed on the bottom of the area in Ulsan-gu, Ulsan-gu, Seoul-gu, 2014; (d) cut the beer’s disease, which is a dangerous object that was located on the bottom of the area; (d) laid the beer’s disease on the bottom; and (d) cut the beer’s hand, which is a dangerous object that was located on the bottom of the area; and (e) sold the part of the victim’s left part once.

As a result, the Defendant carried dangerous objects as above and put up an open top part of the chest that requires approximately three weeks medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of a medical certificate, damage photographing statute;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommending punishment] Article 62(1) of the Criminal Act on the grounds that the mitigation area (one year and six months to two years and six months) (special mitigation) [the decision of sentencing] is minor and minor.

The crime is not highly dangerous and the crime is not good. It is a case where a knife knife knife knife knife and knife knife knife knife.

However, the sentencing materials, such as the defendant's age, occupation, character and conduct, family environment, and criminal records, reflects the error and the original agreement with the victim, and the sentencing materials as shown in the records shall be determined as ordered.

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