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(영문) 울산지방법원 2016.01.07 2015고단2398
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while having weak ability to discern things or make decisions due to the incepidemic dementia, etc., was at the house of the victim C (85 tax) located in Ulsan-gu, Ulsan-do around May 24, 2015, the Defendant: (a) the Defendant: (b) the Defendant: (c) the Defendant: (d) sent a knife to the cemetery of the Defendant’s mother; (b) the Victim C (85

There are several times the heads, arms, etc. of the victim C with a chain (75 cm in length) which is flick and dangerous articles, and the victim E (n, 67 years of age) who is the wife of the victim C(n, f7 years of age) several times, and the knife has reached one time.

As a result, the Defendant carried dangerous objects and inflicted injury on the victim C, such as the cutting of 5 heads of watersides, which require four weeks of treatment, on the right side of the victim E, and on the left side of the chests and the left side of the two weeks of treatment for the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement protocol with respect to E and C;

1. A criminal investigation report (a hack pipe photograph photograph, pipe photograph), investigation report (a photograph attached, each photograph attached, each photograph), investigation report (in cases of attaching a spot photo, each photograph attached,);

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Articles 32(1)3 and 32(2) and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation Orders (the applicant’s death as well as the scope of liability for compensation is not clear and thus, it is not reasonable to issue an order for compensation in criminal trial proceedings). The crime is not good, the victim C’s injury is relatively heavy, and the victim’s punishment is punished against the Defendant.

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