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(영문) 울산지방법원 2014.05.29 2014고단359
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

At around 01:00 on January 4, 2014, the Defendant: (a) was under drinking alcohol together with the victim E (33 years of age) and F, who is a workplace partner in Ulsan-gu C, Ulsan-gu; and (b) was under drinking alcohol with the victim’s right to know that he would not contest with the victim’s Dominium; (c) was under drinking twice the victim’s face; and (d) was under drinking at once the victim’s face.

As a result, the Defendant used beer disease, which is a dangerous object, to put the victim into an inner area for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E police statement;

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

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] In cases of minor injury, minor injury in the area of special mitigation (including efforts to recover damage), in the area of special mitigation (9-2 months and 6 months), or in cases where considerable damage has been recovered (referring to the decision of sentence] in the extent of injury, in the absence of punishment (including serious efforts to recover damage), in the absence of records of crimes other than twice the fine, and in consideration of the agreement, etc.

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