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(영문) 울산지방법원 2015.03.13 2014고단3655
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

At around 21:45 on October 14, 2014, the Defendant sent a bath by raising the speech at the end of the beginning of the city, exchanged the beer fright of the glass material, which is a dangerous object on the table, to the wall where the victim was seated, and followed the face of the victim by satising the brue of the victim, and satising the brue of the victim's flap with the victim E (mae, 52 years old).

As a result, the Defendant inflicted an injury on the victim, such as an open wound, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning E (including the injury diagnosis certificate);

1. Application of statutes on photographs of damage;

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 sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] Where the mitigated area (1 year and six months to six months), the mitigated area (1 year and six months), the mitigated area (1 year and six months), the punishment not (including efforts to recover damage), or considerable damage (1 year and six months), is defective in the method of the crime of the defendant, but the defendant is against himself/herself at the time of the crime, the fact that there is no past record of the suspended sentence or more, the victim does not want the punishment against the defendant by mutual consent with the victim, the sentence shall be determined as ordered in consideration of various conditions of sentencing, such as the defendant's age, character and behavior, environment, relationship with the victim, circumstances after the crime, etc., and the execution of the sentence shall be postponed, but community service shall be ordered.

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