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(영문) 울산지방법원 2018.01.25 2017고단4473
폭력행위등처벌에관한법률위반(공동폭행)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 18, 2017, the Defendant 22:16 around Ulsan-gu, Ulsan-gu, Seoul-gu, and arrived at the above place on a taxi operated by the victim C, and dump of the victim as a problem of the taxi fee, and flaped the victim's face by using head and drinking, and flaping the victim's face. The Defendant dump dump was combined with the Defendant.

Accordingly, the defendant assaulted the victim jointly with the above D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. Application of each statute on photographs;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning the crime (elective of imprisonment)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation, medical treatment, custody, etc. Act;

1. Article 62-2 of the Criminal Act of the community service order (limited to sentencing), the repetition of the same crime including the previous offense before probation, the risk of recidivism exists. However, considering the degree of infringement of legal interests shown in the records and pleadings, the victim’s agreement, and the circumstances of the crime, it is recognized that the Defendant’s drinking behavior appears to be one of the important causes of the instant crime, and thus, the need for medical treatment of alcoholic proof is recognized. Thus, the Defendant would impose a medical treatment order along with the order for the prevention of recidivism and the Defendant’s effective rehabilitation to the society (the judgment of the Defendant’s assertion). However, the Defendant asserted to the effect that the Defendant was in a state of mental and physical weakness at the time of the instant crime, but, in light of the various circumstances shown in the records and arguments, rejected

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