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(영문) 울산지방법원 2014.10.16 2014고단2768
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, 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

On October 14, 201, at around 17:15, the Defendant: (a) left the DPC room located in Ulsan Jung-gu, Ulsan-gu, about nine knife on the floor of the victim, such as the victim E (the age of 15). However, on the ground that the victim refuses to do so, the Defendant placed one knife, which is a dangerous object outside the said PC; (b) placed one knife outside the said PC; and (c) placed two knife part of the victim in need of treatment for about one week.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Medical record areas;

1. Application of Acts and subordinate statutes to a report on investigation (investigation on the part of injury of victim E), replys to requests for cooperation in investigation;

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. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] Special Bodily Injury (Aggravated Injury, Habitual Bodi Bodily Injury) (Aggravated Bodily Injury, Habitual Bodily Injury, 1 year and 2 years and 6 months) (a year and 1 year and 2 months) minor bodily injury [a person subject to special mitigation] using dangerous things (a sentence decision], but the nature and circumstances of the crime are not good, but the degree of injury is minor, minor, and was detained for about 40 days, and the sentencing factors indicated in the record are comprehensively considered, such as the fact that there was no criminal history after 206, and the defendant's age, character and behavior, family environment, and circumstances leading to the crime.

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