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(영문) 울산지방법원 2013.10.28 2013고단3039
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

[Attachment to a repeated crime] The Defendant was sentenced to eight years of imprisonment for robbery, injury, etc. at the Ulsan District Court on December 19, 2003 and completed the execution of the sentence in the Busan Correctional Institution on February 10, 2012.

【Criminal Facts】

At around 21:45 on May 17, 2013, the Defendant, while drinking alcohol together with E and Victim F (5 years of age) in Ulsan Jung-gu, U.S., U.S., the Defendant inflicted injury on the victim’s face, such as mail, on the ground that the victim took a bath against E, while the victim took a bath, and the beer residues, which is a dangerous thing at the same time, was exposed to the victim’s face, and the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A photograph of confirming the injury of the victim;

1. The investigation report (as to the failure to attach a medical certificate)

1. A inquiry report, such as criminal records;

1. Application of Acts and subordinate statutes on the custody of suspects;

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are crimes falling under Category 1 of habitual injury, repeated crime, special injury, and injury resulting from repeated injury according to the sentencing guidelines, and the crime is not deemed to have any particular aggravated element, and is not deemed to have been subject to punishment as an element for mitigation. Thus, the punishment is determined as ordered in consideration of all the circumstances indicated in the trial and records of the instant case within the scope of sentence in the area of mitigation.

It is so decided as per Disposition for the above reasons.

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