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(영문) 울산지방법원 2013.07.25 2013고단557
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

Around 05:30 on February 7, 2013, the Defendant received a request from the victim E (n, 53 years of age) who is an employee of the said main shop to pay the drinking value, and subsequently took the following measures: (a) the Defendant, by hand, inflicted an injury on the victim, such as internal organs, etc. requiring approximately three weeks of medical treatment, by putting the victim’s head at one time, putting the bee less than the part of the victim, and putting the bee, which is a dangerous thing with the other hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing photographs taken to injure the victim;

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., the fact that the defendant runs in depth in this court and that the victim does not want the punishment of the defendant);

1. Article 62 (1) of the Criminal Act on the suspension of execution (3) (3)

1. The criminal facts of sentencing under Article 62-2 of the Social Service Order Criminal Act are crimes falling under the category 1 of habitual injury, repeated injury, special injury, etc. according to sentencing guidelines. Aggravation does not seem to be an aggravated element, and as a mitigation element, there is “unguilty for punishment” as a mitigation element, the scope of mitigation is selected, and the sentence is determined as ordered in consideration of all the circumstances indicated in the trial and records of this case within

On the other hand, the reasons for suspending the execution of punishment are as seen earlier.

(The main reason for the suspended sentence is that it constitutes a case where a person commits a crime by carrying a deadly weapon or other dangerous articles, and the main reason for the suspended sentence is that the person who is not subject to the punishment is not subject to the suspension of sentence or the suspended sentence is entitled to choose the sentence or the suspended sentence). It is decided

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