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(영문) 울산지방법원 2016.01.28 2015고단2977
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2015, the Defendant: (a) around 02:30 on July 26, 2015, on the ground that the horses and attitudes of the victim E (28 taxes) in Ulsan-gu C are not in mind; (b) on the ground that he did not influencing the victim’s face at around 10 times and dangerous things, the Defendant left the part of the victim’s head once and took three times in place the part of the victim’s head, which is a dangerous thing, and put about about two weeks in the part of the victim’s head; and (c) took three times in the part of the victim’s head, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. Application of Acts and subordinate statutes to report internal investigation (referring to the diagnosis certificate submitted by the victim), investigation report (referring to the hearing of statements from the victim E and witness);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the criminal records of the same kind of violence as the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act were three times and they again committed the instant crime, the degree of assault is serious, the method of assault is defective, and the injured person is not agreed with the victim and the injured person wants to punish the Defendant’s severe punishment, etc., the Defendant cannot be exempted from the corresponding punishment.

However, in light of the favorable circumstances, such as the fact that there was no history of crime exceeding four times of fine, and the fact that the victim deposited money for the victim (Provided, That the victim submitted a letter of consent to the recovery of the defendant's deposit while refusing to receive deposit money, and submitted the letter of consent to the recovery of the defendant's deposit), the defendant's age, sexual conduct, environment, motive or circumstance of the crime, circumstances after the crime (in addition to the criminal conciliation procedure conducted by the prosecutor, this court has given various opportunities for agreement on several occasions, but the difference in opinion on the amount of agreed money did not reach an agreement), etc., the punishment shall be determined as ordered by the order.

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