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(영문) 울산지방법원 2014.06.13 2014고단912
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 of the final judgment.

Reasons

Punishment of the crime

On March 25, 2014, at around 13:55, the Defendant: (a) at the “D Company” located in Ulsan-gun, Ulsan-gun, U.S., Ulsan-gun; (b) at the end, at the end of the trial, the victim E (the age of 54) and the Nos. 54 were sealed with the victim; (c) suspended fighting with the nearest people; and (d) then the part was not covered. At the end, the Defendant’s fixed-type steel bars (the total length of approximately 75 centimeters) for cargo, which are dangerous articles stored in the driver’s seat of the truck truck vehicle operated by the Defendant, located in the U.S., U.S., Ulsan-gun, U.S., the Defendant set the part of the victim’s fixed-type cargo department (the total length of approximately 75 centimeters) one time to the victim so that approximately two weeks of treatment

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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] Special Injury (Special Bodily Injury) [Special Mitigation] mitigated area (one year and six months to two years] [Determination of sentence] Defendant, using steel bars, has inflicted bodily injury on the two sides and two sponsings that require two weeks of medical treatment to the victim. Considering the background and method of the instant crime, the method of the crime, and the fact that Defendant had the power of having been punished as a fine of two million won as of November 19, 2012, the crime’s nature is not somewhat weak.

However, considering the fact that the defendant agreed with the victim that the victim has not been punished for the defendant, it is necessary to consider the fact that the defendant has not been punished for the defendant. In addition, considering all the sentencing conditions including the defendant's family relation and economic situation, and the sentencing guidelines mentioned above,

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