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(영문) 울산지방법원 2015.12.16 2015고단2218
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 17, 2015, at around 23:20, the Defendant: (a) opened the second floor window in the above residential area and opened the glass cup, which is a dangerous object for the victims; (b) opened the second floor door in the above residential area; and (c) opened the said glass cup, which is suitable for the right side side of the victim E’s back and rear elbs.

Defendant display a blade for camping (18 cm in total length, 8 cm in length), which is a dangerous object that was continuously lowered to the above D 1st floor and previously possessed by the Defendant.

The part of the above victim F was injured by the knife part of the treatment days by the victim.

Accordingly, the defendant injured each victims of the knife, the dangerous article, and the knife, deadly weapons.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes, such as seized articles and photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the confession of a crime and the misunderstanding of a mistake appears, the victim does not want the punishment by mutual consent, the victim does not have any criminal record except for a fine of 50,000 won due to violent crimes around September 200, and other considerations such as the circumstances of the crime, the degree of injury of the victims, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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