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(영문) 울산지방법원 2014.09.19 2012고단3712
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

At around 14:40 on November 15, 2012, the Defendant: (a) determined that E, at the time, used a room with the Defendant on the fourth floor in Ulsan-gu, Ulsan-gu, Seoul-gu, was subject to monetary use, like the victim F (26 years of age) and acting on behalf of the Defendant; (b) caused the victim to follow the said public notice televis; (c) led the victim out of the room; and (d) knife knife knife (33cm in length, 21cm in length: 21cm in length) which is a dangerous object in the public notice televis; and (e) knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif, and knif k,".

Thus, the defendant had been suffering from satchitis, which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's protocol of interrogation of the accused (including the F's statement)

1. The police statement concerning F;

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

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Aggravation of a suspended sentence as provided for in Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reduction elements of Type 1 (Special Bodily Inflicting Persons): Imprisonment with prison labor for a year and six months from June to six years and six months from the date of a sentence on the sentencing guidelines; and

2. Determination of the punishment like the order shall be made, in consideration of the fact that there is no criminal history other than the fine imposed on the defendant, the degree of injury of the victim is not significant, the victim does not want the punishment of the defendant by mutual consent with the victim, and the defendant has divided his depth errors.

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