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(영문) 울산지방법원 2013.08.22 2013고단2372
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 14, 2013, at around 00:40, the Defendant: (a) took the faces, etc. of the victim D (the victim E (the victim E (the victim 23 years old) who was the former part of the building C in Ulsan-gun, Ulsan-gun, 201; (b) took the faces, etc. of the victim D by openly drinking and drinking, and openly taking them into account at the residence of the victim D (the victim 30 years old), and the victim E (the victim 23 years old), who was the birth of the above D, took care of the Defendant’s chest, and her chest was tight back to the first carer, and the Defendant was able to take the body of the victim D and the victim E in the atmosphere of the dangerous object, after gathering the original crying deposit, which was a dangerous object.

The Defendant continued to bring the kitchen knife (16 cm in the length of the kitchen), which is dangerous things in the kitchen, brought the victims with the victim D, bucks, etc., and cut off the victim E's left loss.

Ultimately, the Defendant carried dangerous goods as above and put the victim D with approximately 14 days of medical treatment, and put the victim E with approximately 14 days of medical treatment “the 3 balance heat on the left side.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement of D police statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to the site and photographs of the body 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered as agreed upon with victims);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Probation and community service order are judged as above on the grounds of not less than Article 62-2 of the Criminal Act (the imposition of a certain period of community service in order for the defendant to return to a sound member of society considering the degree of damage of the victim, the risk of the crime of this case, etc.)

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