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(영문) 울산지방법원 2015.01.16 2014고단3355
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

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 June 21, 2014, at around 21:00, the Defendant, within the main point of "D" located in Ulsan-gu, Ulsan-gu, Seoul-gu, about the victim E (the age of 42) and F, who is an employee of the said main point, had been in dispute with each other, left the head of the victim by beer's disease, which is a dangerous object, and got about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement concerning F;

1. On-site photographs;

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

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

1. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of Sentencing)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Where the mitigated area (1 year and six months to six months), the mitigated area (1 year and six months), the punishment of a person subject to special mitigation), or considerable damage is recovered (including efforts to recover damage), while the method of committing a crime is one of the methods of committing a crime, the defendant is against himself/herself at the time of committing a crime, and the victim does not want punishment by mutual consent with the victim, other conditions of sentencing, such as the defendant's age, character and conduct, environment, relationship with the victim, circumstances after committing a crime, etc., such as the victim's age, character and conduct, relationship with the victim, etc.

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