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(영문) 울산지방법원 2014.01.17 2013고단4022
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

Reasons

Punishment of the crime

On February 10, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) at the Ulsan District Court on February 10, 201, and two years of suspension of execution was determined on February 18, 2012, and is currently under suspension of execution.

1. On September 17, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.) requested the victim D to purchase alcoholic beverages with the victim D and J (year 51) at the home of the victim D (age 47) located in Ulsanbuk-gu, Ulsan-gu, Seoul, to purchase alcoholic beverages with the victim D and J (age 51).

Accordingly, the victim D purchased the above 20,000 won and returned to the 20,000 won, and 20,000 won to the 20,000 won to the 20,000 won. The victim D did not return to the victim D, but did not have the ability or decision-making ability to discern things due to intellectual disorder, and the victim D added one time the body part of the victim D's head part with dangerous things, one time, and the victim's head part with dangerous things, about two weeks of treatment to the victim.

2. The Defendant violated the Punishment of Violence, etc. Act (collective assaulting with a deadly weapon, etc.) stated in paragraph (1) of the same Article, at the time and place specified in the above paragraph (1) of the same Article, and at the victimJ during the assaulting D, as seen above, and when the victimJ made it difficult to control him/her from the victimJ, he/she made an assault, i.e., having the ability to discern things or make decisions due to a intellectual disorder, with a shoulder-sicker who is a dangerous object, having four times the left part of the victimJ.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J and D;

1. A written diagnosis of injury;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of related cases);

1. Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act concerning the crime, and Article 257 of the Criminal Act.

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