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(영문) 울산지방법원 2014.12.04 2014고단3133
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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 00:20 on September 12, 2014, the Defendant: (a) found the “A’s hub store operated by the Defendant in Ulsan-gu, Ulsan-gu, as a customer; (b) brought the victim D (39 years of age) to the table and drinking alcohol on the table; and (c) brought the Defendant’s head to the victim’s head.

After that, the Defendant maintained a shouldered beer, which is an object dangerous to a shoulderer, with the upper left chest and right shoulder part of the victim, and put about about about 20 days to the victim with a knife, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Report on internal investigation (Attachment of a medical certificate of injury) and application of Acts and subordinate statutes related to photographs of the body parts of the victim D;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Special Injury (one year and six months to two years and six months) [Special Mitigation] Punishment Non-members (Pronouncement Decision] of the area of mitigation (one year and six months to six months] of the Punishment Act / Macil / Macju’s decision] There is no criminal record, and there is no criminal record, and there is no wrong criminal record, and there is reflects mistake, and the sentencing materials on the records, such as the victim’s age, occupation, character and conduct, family environment, etc. are comprehensiveed.

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