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(영문) 울산지방법원 2013.07.18 2013고단1839
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:00 on March 3, 2013, the Defendant, while drinking alcohol together at the victim D (the 60-year-old)’s residence in Yangsan City, C Apartment 101 Dong 404, and drinking alcohol as a workplace issue, the Defendant, on the ground that the victim was “Yeong and math spirit,” was faced with the victim’s head, thereby causing the injury of the diversopic typosis, and the dyspume, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to A by the police;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. As a matter of risk of sentencing under Article 62(1) of the Criminal Act, the sentence of imprisonment is inevitable, and the degree of injury actually suffered by the victim is also mitigated;

However, in consideration of the early agreement with the victim and the initial offender, the execution of the sentence shall be suspended, and the sentence shall be determined as per the order.

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