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(영문) 울산지방법원 2015.07.09 2014고단1904
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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Defendant shall be punished by imprisonment for a term of 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

Around 19:45 on November 30, 2013, the Defendant was boarding with C in front of the mid-gu Busan Metropolitan City, Busan Metropolitan City on the front of the operation of C-A-A-C-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-U-U-U-U-SA-A-A-A-A-A-A-A-A-U-SA-A-A-A-A-A-U-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-S.

As above, the Defendant conspired with C to assault the victim by using a car, which is a dangerous object, and thereby inflicted an injury on the victim, such as the 3rd balance of the right, which requires treatment for about 35 days.

Summary of Evidence

1. Each police suspect interrogation protocol regarding E;

1. Police suspect interrogation protocol regarding C;

1. Recording records;

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

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 257 (1) and 30 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 62-2 of the Social Service Order Criminal Act asserted that the defendant's act, such as the statement of facts constituting self-defense, emergency evacuation or legitimate act, constitutes a legitimate act, and thus, illegality is excluded. However, according to the timely evidence, the above assertion is rejected, since

The reason for sentencing [the scope of recommendation] mitigated area (one year and six months to two years and six months), [the person who is specially mitigated] and the defendant is not subject to punishment (the decision of sentence].

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