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(영문) 울산지방법원 2015.05.28 2015고단953
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around 20:30 on March 12, 2015, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapon, etc.) 3,4 times at the right side of the victim's face and chron (20cm length, 33 cm in total length) and knife the victim's chest with the victim's left hand in order to take the victim's knife with the victim's knife "I would have received money, I would not have received money," and knife the victim's chest with the victim's knife knife with the victim's knife knife knife knife knife.

After all, the Defendant carried dangerous objects and assaulted the victim.

2. On the same day as the statement in paragraph 1, at around 21:20 on the same day, the injured Defendant got off three times the part of the victim’s buckbucks because of the fact that the victim does not drink alcohol in the G cafeteria located in Ulsan-gu, Ulsan-gu.

In the end, the Defendant inflicted injury on the victim, such as the number of days of treatment in imprisonment, influence, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. Investigation into photographs attached, such as the residence of the victim, etc., reports on internal history (investigation into the attachment of photographs on the upper part of the body, each photograph), kitchen and photographics, etc.;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crimes;

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

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

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Violation of the Punishment of Violences, etc. Act (referring to the scope of recommendations);

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