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(영문) 울산지방법원 2013.08.14 2013고단1953
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:35 on 28, 2013, the Defendant: (a) while drinking and drinking alcohol within the main point of “D” located in Ulsan Nam-gu, Ulsan-gu; (b) on the ground that the victim E (Nam, 48 years of age) who was aware of usual drinking within the same main point and did not neglect the Defendant and did not engage in personnel affairs, the Defendant laid the inside of the body where the number of treatment days of plastic drinking, which is a dangerous object on the table of the table, was unknown because the victim E (Nam, 48 years of age), who was drinking within the same main point, did not neglect the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the victim's body photograph [in light of the thickness, weight, method of use, and the victim's bodily injury caused by the victim's plastic ice, it is reasonable to deem that the victim or a third party could feel a danger to the life or body of the victim in light of social norms, and thus, it constitutes "hazardous articles" under the pertinent law]

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, etc.

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