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(영문) 울산지방법원 2013.07.04 2013고단1720
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:30 on March 22, 2013, the Defendant fights with the victim E (n.e., women, 46 years old) and the operation of the restaurant in Ulsan-gu C, Ulsan-gu.

Pedled fish, which is a dangerous object on a tabler, was inflicted on the victim's left face side once, and the victim was unable to know the number of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and 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. As a matter of risk of sentencing under Article 62-2(1) of the Probation Criminal Act, inasmuch as a sentence of imprisonment is inevitable for a considerable period of time.

In light of the crime tool and the method of use, etc., even though normal conditions are heavy, the execution of the crime is suspended considering the fact that the victim agreed early with the victim, the victim does not want punishment, and the sentencing guidelines for violent crimes are taken into account, and the risk of recidivism is very high, and therefore, the probation corresponding to the grace period is ordered, and the punishment is determined as the same as the order.

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