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(영문) 울산지방법원 2014.10.16 2014고단2235
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

At around 23:00 on June 12, 2014, the Defendant: (a) brought the victim E (58 years of age) who is working partner in Ulsan-gun, and (b) brought a dispute to the calculation of the drinking value after drinking the victim E (58 years of age) and alcohol on the Rabel road located in Ulsan-gun, Ulsan-gun, Ulsan-gun; (c) brought the victim with the part of the lux belt, which is a dangerous object, to the victim, and brought the victim into the lux of the treatment days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the area of mitigation (one year and six months to two years and six months) (one year and six months), minor bodily injury (a special mitigation) (a person who has been sentenced to a sentence] by using dangerous things, and the nature and circumstances of the crime are not good, although there are many criminal records and since it is not a repayment of damage, the degree of injury is minor, and there are no criminal records since 1998, and other factors of sentencing indicated in the records, such as the defendant's age, character and conduct, family environment, and circumstances leading to the crime, etc., the sentence shall be determined as per the order.

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