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(영문) 울산지방법원 2013.10.28 2013고단3116
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:00 on June 26, 2013, the Defendant: (a) committed an injury to the victim E (35 years of age), who is a workplace club C, on the ground that the victim E (35 years of age) committed a false act against F; (b) was a beer disease, which is a dangerous object in the table table, the victim’s head was 15 days of treatment; and (c) was the victim’s head was 15 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006)

1. Article 62 (1) of the Criminal Act on the suspension of execution (3) (3)

1. The above facts constituting the crime of sentencing under Article 62-2 of the Social Service Order Criminal Act are crimes falling under the category 1 of habitual injury, repeated injury, special injury, etc. according to sentencing guidelines, and does not seem to have any particular aggravated element, and there is “unguilty for punishment” as mitigation element. Thus, the sentence is determined as ordered in consideration of all the circumstances revealed in the trial and records of this case within the scope of the mitigation area

On the other hand, the reason for suspending the execution of punishment is as seen earlier.

[The sentence of sentence or suspended execution may be selected for the main reason for the suspended execution (where a person commits a crime by carrying a deadly weapon or other dangerous object) and for the main reason for pride]. It is decided as per the disposition for more than one reason.

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