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(영문) 울산지방법원 2014.06.20 2014고단457
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 of the final judgment.

Reasons

Punishment of the crime

1. On November 12, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed assault, such as: (a) around 08:00, the Defendant sent visits to the victim D (the age of 58) residing in the Defendant’s corridor located in Ulsan-gun C 10 located in the same building in front of his/her residence; (b) he/she was denied such visits; (c) but (d) the Defendant was sexualized by using a knife knife (the total length of 30cm, the knif length of 20cm), which is a dangerous object in his/her house, and attempted to knife the right shoulder part of the victim and the victim.

2. Around 12:00 on November 14, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) refers to the victim D (58 years of age) who was coming from the room to work in the same place as the indicated in paragraph (1) and without any reason, “he died of his knife, so far as possible, regardless of how much he she saw. I do so. I am b. I do so. I do so. I do not am. I.). I put two knife (30 cm in length, 20 cm in length) which is an object dangerous in the Defendant’s room, and put knife in the Defendant’s room to the victim, and put the victim’s shoulder face and face in the Defendant’s room, thereby causing an injury to the victim, such as the left hand on the day of treatment, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. A E-document;

1. An investigation report (to hear statements from victims);

1. A criminal investigation report (Hearing statements of witnesses and reporting thereon);

1. Application of on-site photographs and statutes governing damage photographs;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 260 (1) of the Criminal Act (the occupation of assaulting carrying dangerous objects), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the occupation of injuring carrying dangerous objects);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Criminal Act, the suspension of execution;

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