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(영문) 울산지방법원 2014.05.27 2014고단695
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 of the final judgment.

Reasons

Punishment of the crime

At around 20:50 on 24, 2014, the Defendant, while drinking alcohol with the victim E (the age of 36) in the vicinity of the D store located in Ulsan-gu, Ulsan-gu, Seoul-gu, on the ground that the Defendant, while drinking alcohol with the victim, was refused to do so. The Defendant, at the same time, caused an injury to the victim due to the number of days of treatment, which is a dangerous object on the table of the table.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Application of the Acts and subordinate statutes to multi-friendly photographs of the suspect;

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 Social Service Order Criminal Act / [Scope of Recommendation] Special Injury (Special Bodily Injury) [1 year and six months to two years] mitigation area (1 year and six months] [Special Mitigation Decision] / Defendant made a sentence] Defendant with beer’s illness one time to inflict a bodily injury on the victim. Considering the method of the crime in this case, the degree of damage to the victim, etc., it cannot be deemed that the nature of the crime is somewhat weak.

However, considering the fact that the victim has not been punished against the defendant, that the defendant is divided and against his mistake, that the defendant does not have any previous conviction, and that the defendant does not have any previous conviction, the sentencing conditions such as the circumstances of the crime of this case and the family relationship of the defendant, and the sentencing guidelines mentioned above are comprehensively taken into account, the sentence is ordered as ordered.

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