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(영문) 울산지방법원 2015.10.19 2015고단1725
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 28, 2015, the Defendant: (a) around 18:45, at the entrance of the D restaurant located in Yangsan-si, the Defendant brought an objection against the victim E (the victim 25 years of age) for the reason that the victim is disregarding the Defendant’s horse, while drinking alcohol together with the victim E (the victim 25 years of age). The Defendant brought an action against the victim’s fluorbing on the tebbb, while driving away the trab, caused the victim’s cellular phone by cutting the cell phone, which is an object dangerous to the victim’s hand, and then caused the victim’s damage to one cell phone at the market price of 700,000 won owned by the victim.

2. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해) 피고인은 전항과 같은 일시 장소에서 계속하여 위험한 물건인 소주병을 손에 쥐고 위 피해자의 머리 부위를 2회, 좌측 얼굴 부위를 1회 때리고, 한손으로 피해자의 머리채를 잡아 끌고 다니며 주먹으로 피해자의 얼굴을 수회 때리고 발로 피해자를 수회 밟고 찼다.

As a result, the Defendant, while carrying with himself a son who is a dangerous object, inflicted an injury on the victim, such as an internal inception, inception, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. Application of Acts and subordinate statutes to medical certificates and written confirmation of entrance and discharge;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object), Articles 369 (1) and 366 of the Criminal Act (the occupation of destroying a special object and the choice of imprisonment), Articles 36 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Do1148, Feb. 21, 2007; Supreme Court Decision 2008Do132, Feb. 21, 2007; Supreme Court Decision 200

1. Suspension of execution is repeated for reasons of discretionary mitigation under Article 62(1) of the Criminal Act;

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