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(영문) 울산지방법원 2015.01.30 2014고단2870
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 of the final judgment.

Reasons

Punishment of the crime

At around 14:00 on May 2, 2014, the Defendant collected each part (68cm in length, 4.8cm in width, 8cm in length, 8cm in length) of the victim’s head, which is a dangerous object, from the move of the victim D(58cm in front of 107, Ulsan-gu C Apartment Construction Site, Ulsan-gu, Seoul apartment complex, and laid off the victim’s head, who is a dangerous object (120cm in length, 4.8cm in length, 8cm in length, 8cm in length, 120cm in length, 4.8cm in diameter), and laid off the victim’s head on one occasion.

As a result, the Defendant inflicted bodily injury on the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Report on investigation (suspect's photograph photograph);

1. Seizure records;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of victims;

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

1. Article 62 (1) of the Criminal Act;

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

1. A person who is not subject to a punishment in the mitigated area (one year and six months to two months) (one year and six months) (special mitigation) of the mitigated area (a person who is subject to a punishment in special mitigation) of Category 1 (Habitual Injury, Bodily Injury, Bodily Injury, and Special Injury);

2. The defendant used each item, which is a dangerous object, to inflict bodily injury on the victim. In light of the content of the crime of this case and the degree of damage on the victim, etc., although the nature of the crime of this case is not less than that of the victim, it shall be sentenced as ordered in consideration of the fact that the defendant agreed with the victim. However, considering the fact that the defendant agreed with the victim, the overall sentencing conditions such as character and behavior of the defendant, and

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