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(영문) 울산지방법원 2015.09.18 2015고단1068
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

Around 00:50 on January 26, 2015, the Defendant used the Defendant’s house located in Ulsan-gun C Apartment 112 and 613, Ulsan-gun, Ulsan-gun, 112 and 613, and continued to use the Defendant’s wife E (48 years of age) by committing assault from the Defendant on the ground that D was her wife and her husband was fright and frighted to her husband, and her husband was her husband, and her husband was her husband, and her kitchen knick (30cm in a knife length), which is a dangerous object by spraying the Defendant’s kbbbbbbbbbb and so on.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and 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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] In the case of habitual injury, repeated injury, special injury (Habitual Injury, Bodi Bodily Injury), Type 1 (Habitual Injury, Habitual Bodily Injury and Bodily Injury), the mitigation area (one year and six months to two months), the punishment not to be imposed (including efforts to recover damage), or considerable damage is recovered (the decision of sentence], although the criminal method of the accused is very poor and the degree of injury is not weak, the defendant is against himself/herself at the time of committing the crime, the primary offender is the first offender, the victim does not want the punishment against the defendant by mutual consent with the victim, the execution of the sentence is suspended, but social service is ordered, taking into account various sentencing conditions such as the defendant's age, character and behavior, environment, relationship with the victim and circumstances after committing the crime, etc., and the execution of the sentence is ordered.

Public Prosecution Rejection Parts

1. The Defendant charged with the facts charged at around 00:50 on January 26, 2015, Ulsan-gun, Ulsan-gun, 112 Dong 613.

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