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(영문) 울산지방법원 2015.03.25 2015고단77
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. On October 9, 2014, around 22:40, the Defendant injured the victim, such as a deadly weapon, etc., on the street in front of the main point in Ulsan-gu, Ulsan-gu, Seoul-do, where the victim D (the age of 20) was dissatisfied with the Defendant’s telephone calls from the Defendant’s denial, and was able to look at the road frightly, and fright from the road on the road on which the victim D (the age of 20) was able to contact the Defendant’s denial, and caused injury to the victim, such as cerebral dye, in which the victim’s head was 50 centimeters in length, and the victim’s face was frightly taken one time, and where the victim was frighted with the victim’s face and dangerous objects,

2. The Defendant: (a) caused the damage to property, at the same time, at the same time as the preceding paragraph; and (b) caused the damage to the victim E, which was parked near the victim E on the ground that the said fire occurred, by putting the back glass of the front left glass of the car owned by the victim E once a week, thereby impairing the utility of the said car so that the sum of the repair cost would be equivalent to KRW 154,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Attachment of an injury diagnosis certificate and vehicle estimate;

1. Application of Acts and subordinate statutes for investigation reports (each item, appendix of damaged vehicle photographs);

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 and Article 366 of the Criminal Act concerning the punishment of crimes;

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., e., e., e., e., e., the crime committed in advance, the agreement with the victim of the damage to property was reached, the victim’s injury was under military service, and there was no record of criminal punishment;

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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