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(영문) 울산지방법원 2013.08.16 2013고단480
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

At around 22:20 on November 21, 2012, the Defendant: (a) 22:20, the Defendant: (b) caused the injury of the victim F of the instant entertainment drinking club, who was an employee of the said entertainment drinking club, to live in a dub, was pushed back, pushed back, and wraped with a free balance, which is a dangerous article of the victim F (the age of 23) of the said entertainment drinking club, on one occasion, with a view to the payment of D and drinking values in the dubus ambal of the entertainment drinking club E., which is operated by C in Yangsan City, and caused the injury of the victim F of the 5-day left part of the water table that requires approximately four weeks medical treatment.

Summary of Evidence

1. Statement by the prosecution concerning D concerning the examination of suspect (including theF statement);

1. Each legal statement of witness F and G;

1. A report on internal investigation (attaching photographs of the upper part of the site photographs and related persons);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (F);

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. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of Sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The range of sentence imposed on the sentencing criteria: Imprisonment with prison labor for a year and six months to two years and six months;

2. The methods and results of the instant crime committed by the accused who has been sentenced to punishment are not minor, but they shall be sentenced to punishment as ordered in consideration of various conditions of sentencing, such as the fact that the accused has no criminal records beyond the suspension of execution, the victim does not want the punishment by mutual consent with the victim, the fact that the victim appears to have been involved in a contingent crime which is disputed over the drinking-value problem, and other conditions of sentencing, such as the age, character

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