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(영문) 울산지방법원 2013.06.14 2013고단1647
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 27, 2012, around 23:35, the Defendant: (a) at the “D” convenience store located in Ulsan Jung-gu, Ulsan-gu, Seoul on the ground that the victim E (24 years of age), F (22 years of age), and G (23 years of age) are flicking, the Defendant threatened F with “damage,” which requires treatment of approximately two weeks of the above F’s right hand hand hand, on the ground that the victim E (24 years of age), F (22 years of age), and G (23 years of age) are flicking, and threatened F with f, as they threaten E, F, and G, with a shouldered glass disease.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of the E, F, and G;

1. The application of Acts and subordinate statutes of the medical certificate of injury [the fact that the defendant denied the intention of injury, but if the defendant shoulders illness in the nearest distance, the person could be different by the strike is sufficiently known of the defendant's age, but such an act was committed, so at least the defendant had dolusent intention about injury.]

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act (a person who carries a deadly weapon with a deadly weapon) concerning a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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;

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