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(영문) 울산지방법원 2014.08.22 2014고단1059
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:40 on April 20, 2014, the Defendant: (a) found the victim C, who was the wife of the Defendant, and went to singing together with his her her son without returning home; (b) took a kitchen, which is a deadly weapon that was kept in the string of the Defendant’s dwelling area, and returned to the singing room located in the Dong-gu, Ulsan-gu, in order to find the victim, while holding the kitchen (30cm in total length, 18cm in total length) which was a deadly weapon that was kept in the string of the Defendant’s dwelling area; and (c) found the victim who was seated in the 2 string of the “Esing” located in the same Gu D, and divided the victim, thereby preventing the victim from taking the victim’s chest by hand.

As above, the Defendant displayed the kitchen knife, which is a lethal weapon, to the victim, and put the victim into the third balance of the right side, which requires approximately one week medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, F, and G;

1. Seizure records;

1. Investigation report (Attachment of seized articles, kitchen photographs and photographs);

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical 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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The heads of offenses under Article 48 (1) 1 of the Criminal Act to be forfeited;

1. Reduction elements of Type 1 (Special Bodily Inflicting Persons): Imprisonment with prison labor for a year and six months from June to six years and six months from the date of a sentence on the sentencing guidelines; and

2. The sentence shall be determined as ordered in consideration of the fact that the victim does not want the punishment of the defendant by mutual consent with the victim of the decision of sentence, that the defendant is pening his depth, that the defendant has no power to punish the defendant, etc.

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