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(영문) 울산지방법원 2016.04.15 2015고단2052
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 18, 2015, at around 20:55, the Defendant: (a) ambling the voice of the victim D (44 years) who had been drunk game and had been engaged in other seats; (b) ambling the victim’s breath, which was a dangerous object that was sprinking the victim’s breath by putting the breath in hand, and threatened the victim with a knicking breath (22cm in total length, 9cm in knife).

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and D;

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The types of recommendations for the sentencing criteria: Violence crime of category 6 (Habitual, Habitual, Habitual, Special Assaults): The extent of the assault's recommendation: Imprisonment with prison labor for a period of 4 months to 1 year and 2 months (limited to mitigated areas): Whether the sentence is subject to a serious sentence of imprisonment for a period of 4 months to 4 months (limited to mitigated areas): Whether the sentence is suspended for a period of 1 year and 2 months (limited to mitigated areas): The comprehensive comparison and evaluation of the reasons for the suspended sentence - where the person committed a crime by carrying a deadly weapon or other dangerous object with a deadly weapon or other dangerous object: There is no effort to recover damage - there is no positive general reason for general consideration - There is no clear social relation, contingent crime, serious reflect, or a criminal record

2. Details of the crimes to be additionally considered, the age, character, and environment of the victim's intent;

3. Six months of imprisonment with prison labor and one year of suspended sentence;

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