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(영문) 울산지방법원 2014.05.30 2014고단399
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for 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

1. On November 15, 2013, the Defendant causing property damage: (a) around 00:30 on November 15, 2013, the female-friendly group residing in the above apartment in Ulsan-gu B apartment 101, 3, and 4 Ra, which did not look at itself; (b) the glass windows installed in the above elevator managed by the victim C belonging to the above apartment management office, which was damaged by the car owner’s repair cost of KRW 131,060 at the market price.

2. Around 00:46 on the same day, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) 1: (a) 2: (b) 10:46 on the street near the “Ebrying bank” located in Ulsan-gu, Ulsan-gu; (c) 2: (d) 10 times the victim’s face and body was 10 times as drinking by drinking to the victim F (20 years old); (d) 3: (e) 10 times the victim’s face and body was dumped; and (e) 4: (e) 2: (e) 2: (f) 3:00 and 46 on the same day; and (e) 3:00 and 3:00 of the victim’s face and body, which is a dangerous object on the floor; and (e) 4:0

Accordingly, the defendant used dangerous objects to assault the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Photographs;

1. A report on internal investigation (limited to a written estimate for repair);

1. Application of Acts and subordinate statutes to a report on investigation (in case of photographing photographs of the body of the victim);

1. Article 366 (1) of the Criminal Act applicable to the crime (the destruction and damage of property, the choice of imprisonment), Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act concerning the crime (the point of violence committed while on a leave of absence);

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (aggravating concurrent crimes within the limit provided for in the proviso to Article 42 of the Criminal Act)

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (hereinafter “Discretionary mitigation”) 1.

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