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(영문) 울산지방법원 2014.12.23 2014고단2255
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On February 2, 2012, the Defendant was sentenced to one year and six months of imprisonment and three years of suspended execution on February 10, 2012 by the Ulsan District Court for violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act), and the suspended execution was revoked after the judgment became final and conclusive on February 10, 2012, and the suspended execution was terminated in the racing prison on January 21, 2014.

On June 15, 2014, around 15:05, the Defendant, at the entrance and street of Ulsan-gu Educational Park 54, the 54-ro, Ulsan-gu, Ulsan-do, 3rd grade park, drinking alcohol together with the victim C(41 years of age). On the ground that the victim sawd himself as badly, the Defendant, who was a small-scale patient, who was a dangerous thing, sent her math to the victim once, and inflicted an injury on the head part in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Statement of opinion;

1. Previous records: Application of criminal records, etc., investigation reports, and Acts and subordinate statutes;

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

1. A person who is not subject to a punishment in the mitigated area (one year and six months to two months) (one year and six months) (special mitigation) of the mitigated area (a person who is subject to a punishment in special mitigation) of Category 1 (Habitual Injury, Bodily Injury, Bodily Injury, and Special Injury);

2. The reason for sentencing was that the Defendant did not know even though he did not go back to the crime of this case without being aware of the repeated crime even though he was committed for the same crime, and carried with him a spawn, which is a dangerous object, and thereby inflicted an injury on the victim. Considering the criminal records of the Defendant and the contents of the crime of this case, it is inevitable to punish the Defendant even when considering the fact that the Defendant was swn out the nature of the crime, and that the victim was not punished for the Defendant.

This is the same.

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