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(영문) 울산지방법원 2014.08.14 2014고단609
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

The defendant of "2014 Highest 609" is a space between five years ago and the victim D (n't, 38 years of age).

At around 00:20 on February 14, 2014, the Defendant made a conversation with the victim on the Slock 57-ro, Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-ro 57-ro, where the victim was suspected of being out of the cafeteria, and the said problem occurred with the dispute and led the victim to the head part of the victim's 21-day care, and the Defendant was faced with the head part of the 21-day care for the victim.

The defendant of "2014 Highest 2065" is between the victim D (n, 38 years of age) and about six years of age.

On May 16, 2014, at around 23:40, the Defendant was suspected of having met another male and having immediately returned to the Republic of Korea. On May 16, 2014, the Defendant was aware that the said D had met another male.

이에 피고인은 거실에 있던 위험한 물건인 빨래 방망이(길이 약 40cm)를 들고 와 안방 바닥에 누워 있던 위 D의 머리를 빨래 방망이로 1회 때리고, 계속해서 이를 말리던 위 D의 딸인 피해자 F(여, 11세)의 머리를 빨래 방망이로 1회 때리고 배 부위를 발로 1회 걷어찼다.

As a result, the Defendant carried dangerous objects and inflicted injury on victims D, such as brain-dead sugar that requires medical treatment for about 21 days, and injury on victims F, such as brain-dead sugar that requires medical treatment for about 21 days.

Summary of Evidence

"2014 Highest 609"

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reporting on the occurrence of domestic violence;

1. "Investigative report (Attachment of a medical certificate of injury) 2014 Highest 2065";

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of D and F;

1. Application of Acts and subordinate statutes to investigation reports and written diagnosis of injury;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation;

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