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(영문) 울산지방법원 2015.11.23 2015고단2316
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of 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

On August 15, 2015, the Defendant: (a) around 23:25 on August 15, 2015, 2015, around 23:25, to the victim E (n, 24 years old) who was prone to D stores located in Yangsan-si, Yangyang-si, without any reason, got off the part of the victim’s back water, which was a dangerous object cited by the Defendant, and got off the part of the victim’s back water twice so that the victim could receive approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommendation] of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of punishment] the mitigated area (one year and six months to two years and six months) of habitual injury, repeated crime injury, and special injury [the special mitigation] mitigated area (one year and six months from the date of the sentence] [the decision of the sentence] a person not subject to punishment (the decision of the sentence] under the influence of alcohol and assaulting the person with a dangerous object without any justifiable reason and causing an injury.

Provided, That the punishment shall be determined as ordered in consideration of all the circumstances, such as the fact that a defendant does not want the punishment by mutual consent with the victim, no criminal punishment power exists, and the degree of injury of the victim.

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