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(영문) 울산지방법원 2015.02.27 2014고단3507
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 19, 2014, the Defendant: (a) around 00:10 on September 19, 2014, the victim E (Nam, 60 years old) and the victim E (Nam, 60 years old) who had worked in the same labor day and drinking alcohol, and (b) on the left side of the victim in order to prevent this, the Defendant left the victim's disease, which is a dangerous object on the table, with the victim's loss, and set the victim's left-hand head part of the victim's left-hand head, and had approximately two weeks 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 a 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 Criminal Act of the Social Service Order [Scope of Recommendation] Where the mitigated area (1 year and six months to six months), the mitigated area (1 year and six months), the mitigated area (1 year and six months), the punishment not (including efforts to recover damage), or considerable damage (1 year and six months), is defective in the method of the crime of the defendant, but the defendant is against himself/herself at the time of the crime, the fact that there is no past record of the suspended sentence or more, the victim does not want the punishment against the defendant by mutual consent with the victim, the sentence shall be determined as ordered in consideration of various conditions of sentencing, such as the defendant's age, character and behavior, environment, relationship with the victim, circumstances after the crime, etc., and the execution of the sentence shall be postponed, but community service shall be ordered.

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