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(영문) 울산지방법원 2014.07.24 2014고단1346
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 16, 2014, at the D convenience store located in Ulsan-gun, Ulsan-gun, Seoul around 23:30 on February 16, 2014, the Defendant: (a) expressed that the victim E (the 30-year age) who was an employee of the convenience store, was living together with the victim F (the 16-year age), was threatening to frequently find the above convenience store; and (b) expressed that the victim E (the 30-year age) was living together with the victim F (the 16-year age), "I will die, I will die, I will die, I will do so; (b) the victim F of the victim under this paragraph, "I will die, I do not have to do so, I will do so, I will do so," and (c) took the victim F of the victim under this paragraph, and (d) took up the victim's excessive length from the back of the victim's knife to 25m in the direction of the victim.

As a result, the Defendant carried a dangerous article in excess of the victim E, and threatened the victim F with an injury, such as an open wound of other following parts requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning E and F;

1. G statements;

1. The application of Acts and subordinate statutes to the records of seizure and the list of seizure, photographs of the body part of the victim, and medical certificate;

1. Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act, Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with the punishment stipulated in the Act on the Punishment of Violences, etc. of Bodily Injury in Group, Deadly Deadly, etc.)

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

1. Suspension of execution;

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