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(영문) 울산지방법원 2015.01.16 2014고단3437
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

On August 28, 2014, at around 22:38, the Defendant: (a) reported the drinking value to the extent of credit; (b) reported the victim D (40 years of age) who has been in a dispute with the owner of the business and the owner of the business to the extent of credit; and (c) when the dispute arises with the victim, he saw the victim's breath, batd the bat, fatd the bat outside of the main store; and (d) made the victim's face one time by beer, which is a dangerous object from the main store; and (e) made two times of drinking face, the Defendant batd the victim's face one time, and batd with an open eye and an open eye of the eye that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written diagnosis of injury;

1. A report on internal investigation (F counterpart investigation of a wooden E-rayer E-ray);

1. Application of the video recording CD-related Acts and subordinate statutes;

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. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of Sentencing)

1. The reason for sentencing under Article 62-21 of the Social Service Order Act [Scope of Recommendation] : (a) type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (1 year and June 2) in the mitigation area (including a person who has been specially mitigated), the method of crime is one of the methods of the defendant, but the defendant is against the defendant while committing the crime; (b) the defendant has no criminal history higher than the suspension of execution; (c) the victim does not want the punishment against the defendant; (d) the victim does not want the punishment against the defendant by mutual consent with the victim; (d) the execution of the punishment shall be suspended; and (e) community service shall be ordered.

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