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(영문) 울산지방법원 2015.12.24 2014고단1337
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On May 10, 2014, the Defendant: (a) under the influence of liquor around 13:50 on May 13, 2014, found the house of the victim C located in Ulsan-gu, Ulsan-gu, where he had livedd, and had had a house owner located outside the gate several times outside the gate, but no answer was made; (b) caused the gate door and the window of the living room to be installed on the ground that he was located on the side of the gate, and damaged the property equivalent to KRW 50,000,000 in total, such as shouldering the house owner’s glass of the living room corresponding to KRW 250,000,000 in the market price owned by the victim C, and shouldering the house owner’s house owner outside the gate.

2. The Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.) committed assault, such as the time and place mentioned in paragraph (1) above, and at the same time and place, when he was frighted from D (20 years of age) while he was frighted, the Defendant committed assault with the victim’s head one time with approximately 50cm in length as he was frighted from D (20 years of age).

Summary of Evidence

1. Each police statement made to D or C;

1. Attachment of a photograph of a tree against windows, damage or assault of a victim;

1. Application of the Acts and subordinate statutes to submit written estimates;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Articles 261 and 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the reasons for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] [the decision of sentencing] of the basic area (6 months to 10 months) of the crime of assault (6 months and 10 months) [the decision of sentencing] has no record of crime two times or more, but there was no record of fine not less than two times, the Defendant cannot be exempted from the corresponding punishment, taking into account the following circumstances: (a) the victim was injured and has not been repaid due to damaged and dangerous objects without any special reason; and (b) the refusal to attend the trial and the fact that it

In addition, the sentencing conditions shown in the records, such as the age, character, conduct and environment of the accused, shall be determined as ordered.

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