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(영문) 울산지방법원 2014.10.24 2014고단2483
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

The defendant is the mother of the victim C(n, 24 years old), and the victim, who is the father of the usual father, has been investigated and detained several times from the date when the defendant was remarriedd by the investigation agency, and all of the victims were caused by the defendant, and there was a good appraisal for the defendant.

At around 13:30 on May 30, 2014, the Defendant expressed the victim’s desire to “Isk to die, Isk to die, Isk to die?” on the ground that “Isk to die, Isk to die? Isk to die? Isk to see that Isk to die? Isk to sk to sk the victim’s head, skn to sk to sk to sk to sk to sk to sk to sk to sk to sk to sk to sk to sk to sk to sk to sk to sk to sk to death? Isk to sk to sk to sk to sk to sk to sk to sk to sk to sk to sk to sk to sk to sk to sk to sk to death?

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

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. Suspension of execution: Article 62(1) of the Criminal Act provides that there is no record of punishment due to violence against the accused, the victim does not want the punishment of the accused from the investigation stage, and the defendant is not punished from the investigation stage, and the punishment shall be determined as ordered by taking into account all the circumstances shown in the pleadings, such as the age, environment, and family relations of the accused;

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