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(영문) 울산지방법원 2015.02.05 2014고단3849
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

At around 01:00 on October 27, 2014, the Defendant took a 'E' store operated by the victim D (year 41) of the apartment commercial building in Yangsan City, as the Defendant’s wife F misleads the victim into being in in a badial relationship with the victim, and makes the victim’s hump at the same time under the influence of alcohol, saying, the Defendant’s hump took a hump with the victim’s knife with a knife knife for office work, which is a dangerous thing at the same time ( approximately 6cm in length in knife). The Defendant humping threatened the victim with a knife with a knife knife knife knife knife knife knife knife knife knife knife knife knif.

Accordingly, the defendant, using female knife and knee, who are dangerous objects, caused the victim to suffer from 14 days of definite impairment and gree of face face, the impairment and strawe of 2 feet, the stale of stale of stale, the stale of stale of stale, the stale of stale, the knee of knee.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of an act of violence, etc. and photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] Article 62(1) of the Act on the Suspension of Execution refers to the following: (a) the mitigation area (one year and six months to two years and six months) [special mitigation] [the decision of sentencing] of the mitigated area (the decision of sentence] of the same kind; (b) the non-compliance with the sentence; (c) the criminal records other than the fine are not committed; and (d) the criminal records other than the fine are not committed; (d) the victim and the defendant's age

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