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(영문) 울산지방법원 2015.10.30 2015고단1783
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 5, 2015, at around 01:10, the Defendant demanded the victim D to find a mobile phone in the instant singing room in Ulsan-gu, U.S., U.S., U.S., the Defendant, at around 01:10, demanded the victim to find a mobile phone in the instant singing room, but the victim did not find it. However, on the ground that the victim did not find it, the Defendant was using a simplified object at the entrance of the camera, which is a dangerous object at the entrance of the camera, once again, and had the face of the victim.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as a peltos, in need of treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Photographs photographs of damaged parts of the victim;

1. Application of Acts and subordinate statutes to the injury diagnosis certificate and additional medical 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury: Type 1 (Habitual Injury, Bodi Bodi Bodi Bodily Injury), the mitigation area (one year and six months to two years), the punishment not (including a person who has been specially mitigated), or where considerable damage was restored (including a serious effort to recover damage) (the decision of sentence] the defendant’s method of committing the crime is defective and the defendant’s method of sentencing is five times the same kind of power that is disadvantageous to the defendant.

It is the sentencing factor favorable to the defendant that the defendant is committed, and there is no criminal record more than the suspension of execution, and that the victim does not want the punishment for the defendant by agreement with the victim.

In addition, in consideration of the age, character and conduct, environment, circumstances after crimes, etc. of defendants, punishment shall be determined as per the order, and the execution of such punishment shall be suspended, but community service shall be ordered.

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