(영문) 울산지방법원 2013.04.05 2013고정60

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(영문) 울산지방법원 2013.04.05 2013고정60

폭력행위등처벌에관한법률위반(공동상해)

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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 21:00 on June 11, 2012, the Defendant: (a) in the Ulsan-gu C golf where the Victim B (L, 31 years of age) works as an employee, and (b) in the dispute, the Defendant suffered from the victim and his/her knives once in the divorce lawsuit; (c) among the dispute, the victim knives once in the victim’s knives; (d) the Defendant kept the knives of the victim’s knives on his/her hand with the hand floor one time, and (e) D, caused the injury to the face and the head of the knives of the knives and the knives of the knives, the two knives of the knives, and the knives of the knives.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the defendant or D;

1. Protocol of the police statement concerning B;

1. A written complaint, a written injury diagnosis;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from a shoter telephone);

1. Article 2 (2) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 27 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the selection of fines;

1. A fine not exceeding 700,000 won to be suspended;

1. Articles 70 and 69 (2) (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence is that the defendant has no criminal record of the same kind of crime, the method of causing bodily injury, and the degree of damage are not excessive. The crime of this case is to be postponed by taking into account the following circumstances: (a) the defendant's kyman D, who was the defendant, was in a dispute with the victim one time due to raising his/her child, and was committed with the victim once, and then he/she was in a form of contingent crime; (b) the degree of participation in this case and method of bodily injury are more severe; and (c) the defendant's age, character and conduct

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항

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