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(영문) 울산지방법원 2014.12.12 2014고합286
폭력행위등처벌에관한법률위반(상습집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On August 1, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) at the Changwon District Court on March 1, 2008, and on September 8, 201, the same court sentenced two years and six months to imprisonment with prison labor for the same crime, etc. on September 8, 201 and completed the execution of the sentence at the port prison on January 15, 201 and the same power is added to 11 times.

【Criminal Facts】

1. On June 19, 2014, the Defendant violated the Punishment of Violences, etc. Act (Habitual injury) and at around 22:20 on June 19, 2014, the victim E (the age 61) who walked along the road on the street in front of the D cafeteria located in Ulsan-gu, Ulsan-gu, without any justifiable reason, brought the victim's face one time by her hand and her hand, and then she walked the victim's face once her body and walked her face five times due to drinking, thereby causing injury, such as tearing the left eye of the victim's body where the number of days of treatment is unknown.

2. On July 26, 2014, around 11:55, the Defendant violated the Punishment of Violences, etc. Act (a habitual collective injury, deadly, etc.) committed an open standing room to view that the victim’s face needs to be treated for approximately two weeks in consideration of the following factors: (a) the Defendant, from the stairs located in Ulsan-gu, Ulsan-gu, Ulsan-gu, a 54 academic park, three-lane 3-ro, such as the victim F (the age of 47), he/she was a dangerous object located on the floor because he/she had drinking, such as the victim F (the age of 47).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The prosecutor's statement concerning the F;

1. Photographss of the upper part of the body, photographs of the damaged part of the body, and photographs of the injured part of the body;

1. A medical certificate;

1. Previous records: Criminal records, investigation reports (in cases of a suspect's petition, reporting on the facts constituting repeated crimes), investigation reports (Attachment to judgments of the same kind as a suspect), and application of statutes;

1. The prosecutor does not indicate Article 3(4) and (3)3 of the Punishment of Violences, etc. Act regarding the crime in the indictment. However, Article 3(3)3 of the Punishment of Violences, etc. Act was not publicly stated.

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