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(영문) 울산지방법원 2015.06.04 2015고단646
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 17:40 on February 28, 2015, the Defendant rejected the Defendant’s refusal on the following grounds: (a) on the street in front of a post office in Ulsan-si, Ulsan-si, Ulsan-si; (b) on the ground that the Defendant was fluored by a neighbor C (5 years of age) on one occasion under the influence of alcohol; (c) on the ground that the Defendant could be under the influence of alcohol, but the Defendant was fluored by drinking, but the Defendant was fluoring the victim’s fluor by gathering a tree fluoring a tree fluoring at that place; and (d) on the ground that the victim was fluoring the victim’s head on one occasion (40cm in total) which is a dangerous object at that place.

As a result, the Defendant carried dangerous objects and inflicted bodily injury such as tearing the victim's treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (investigation of injury of a victim), and application of each photographic statute;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence shall be determined as shown in the order, taking into consideration the following: (a) the mitigated area (one year and six months to two months), the mitigated area (including a person who has been specially mitigated), the punishment not having been imposed (including a serious effort to recover damage), or considerable damage has been recovered (the decision of a sentence] (the decision of a sentence is made] the fact that there is no specific criminal record other than the punishment imposed once by a fine in around 1998; (b) the victim was a criminal act committed by contingency under the influence of alcohol; (c) the victim was under agreement with the victim that he/she was not subject to the punishment of the defendant; and (d) the victim is against the order.

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