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(영문) 울산지방법원 2014.01.16 2013고단3583
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:30 on August 10, 2013, the Defendant: (a) opened a cell phone, which is a dangerous object in possession of the victim’s left side of the victim on the ground that the victim F (mae, 29 years old) who was frighted by phone E and was living together with E, was frightening, and was frighted; (b) opened one time the victim’s eye with knee, knee, and cut one time the victim’s left side eye with the above cell phone, and then, (c) taken the victim’s hair back more than 3 weeks of the victim’s hair, the victim frighted the victim’s hair so that the victim can take a part of the victim’s hair, and frightened the victim’s hair, so that the victim needs to receive approximately 3 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of 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 (see, e.g., Supreme Court Decision 2006Da1548,

1. Article 62 (1) of the Criminal Act (the period of probation shall be determined in consideration of the same circumstances as the above, and the method of crime, the degree of injury to victims, etc.);

1. Probation and community service order are judged as above on the grounds of not less than Article 62-2 of the Criminal Act (In order for the defendant to return to a sound member of society, it is reasonable to impose a certain period of community service).

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