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(영문) 울산지방법원 2015.08.13 2014고단4024
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

On October 25, 2014, at around 23:55, the Defendant 302 of the Ulsan-gun C building 302 of Ulsan-gun, Ulsan-do, and the victim D (Nam, 38 years of age) who is a workplace volunteer, drinking alcohol, and drinking alcohol, while drinking alcohol, the Defendant flicked the face of the Defendant by drinking alcohol, and flicked the body of the victim due to a flicker's disease.

As a result, the defendant suffered injury to the victim due to a shouldered softener's disease, which is a dangerous object, such as the right completion of treatment days on the left side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each investigation report and investigation report (in cases of attaching medical records and medical records);

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

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 Recommendation] : Classification 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Special Bodily Injury) (one year to two months) (one year and six months)) (Special Mitigation) in the mitigated area (one year and six months), and (one year and six months to six months) (a special mitigation ] in the mitigated area (a decision of a sentence ] and the quality of the crime of the defendant is not good by being injured by a shoulderer who is a dangerous object, but the part of the victim's clothes is not good. However, the defendant is led to the crime of this case by being led to the confession and rebuttal of the defendant, the face from the victim can be taken back to the face of drinking, and taking into account the circumstances favorable to the defendant, other factors indicated in the records, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc.

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