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(영문) 울산지방법원 2014.04.11 2014고단86
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

On November 20, 2013, at around 00:20, the Defendant collected one beer disease, which is a dangerous object on a table, under the influence of alcohol, while drinking alcohol, from the victim E (the age of 31) at VIP 1 located in Ulsan-gun, Ulsan-gun, U.S., and followed the victim’s head by listening to the word “I slick and flish, if I am flish, I am flish. I am am flish. I am amblish. I am amblish, which is a dangerous object on the table of the table. I amblish, I am the victim.”

As a result, the defendant puts up two open measures that require treatment for about 14 days to victims E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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. 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. Aggravation of a suspended sentence as provided for in Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Scope of the recommended sentence on the sentencing criteria (determined of types), types 1 (Special Bodily Injury) (Special Bodily Injury): Reduction element: Minor injury, Non-existence of Punishment (Amount of Punishment and Punishment) Imprisonment with prison labor for 1 year and 6 months to 2 years and 6 months;

2. The sentence shall be determined as per the order, taking into consideration the fact that the defendant has been sentenced to both punishment due to an injury to the defendant, but all of which have been sentenced to a fine, there are no penalty records of imprisonment without prison labor or heavier, the degree of injury to the victim is not significant, and the victim has not already agreed with the victim at the stage of investigation, and the defendant has divided his depth errors.

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