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(영문) 울산지방법원 2013.07.04 2013고단1681
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than 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

Around 03:50 on February 21, 2013, the Defendant considered that “D” main points in Ulsandong-gu, U.S. “D,” while drinking alcohol together with the victim E (the 40-year old-old-gu) who was a part of society, followed by “if the victim gets a baby without his/her own permission,” and the victim took a bath, such as “the victim’s swaye”, on the ground that he/she took a part of the victim’s head, which is a dangerous object on the table, and that he/she took a part of the victim’s face as a drinking.

As a result, the defendant did not know the number of days of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

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

1. As a matter of risk of sentencing under Article 62(1) of the Criminal Act, the sentence of imprisonment with prison labor for a considerable period of time is inevitable inasmuch as the person inflicts bodily injury.

However, the decision to suspend the execution of punishment shall be made in accordance with the order, taking into consideration the matters agreed early with the victim, the degree of each injury suffered by the victim and the defendant, the background leading to the dispute, the frequency and time of the violence crime, and the sentencing guidelines for violent crimes, etc.

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