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(영문) 울산지방법원 2016.02.04 2015고단3330
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 22, 2015, the Defendant, at around 22:05, was “E” 2 operated by D (F, 54 years old) on the first floor, the first floor, the northwest-gu, Ulsan-gu, Ulsan-gu, Seoul-do, U.S.A., where the Defendant used the victim F (F, 45 years old) and drinking, while the Defendant was carrying on the said D, ordered tobacco to the said D, and the victim ordered the tobacco to “I Smoking a woman.”

In the form of “,” the beer’s disease, which is a dangerous object on the tables, was collected to the victim, and the beer’s disease faced with the wall, and the beer’s disease was broken off, and the free strike was protruding on the face of the victim.

Accordingly, the defendant carried dangerous articles and carried the victim's name on the left-hand side of the massage and the right-hand bucket.

2. The Defendant destroyed special property at the above time, at the above time, and at the same place as above, destroyed a beer’s disease, which is a dangerous object on the tables, and was collected at a monitor at a level of 700,000 won in the market price owned by the victim D, and damaged the screen.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. A photo of the damaged part;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The suspended sentence under Article 62(1) of the Criminal Act is capable of having committed a crime, such as violence on the grounds of sentencing, violation of road traffic laws, etc., and the liability for the crime is not undermining the attitude of the crime, but is not undermining the wrongness, the victims do not want the punishment of the defendant, the degree of injury is relatively minor, and other circumstances shown in the records, such as the defendant's age, sex, behavior, environment, circumstances leading to the crime, and circumstances before and after the crime, shall be determined as ordered by taking into account the following circumstances.

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