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(영문) 울산지방법원 2015.07.03 2015고단859
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 1, 2015, at around 05:40, the Defendant went through the victim E (year 22) and went through a dispute at a D restaurant located in Ulsan-gu C, Ulsan-gu, Ulsan-gu, and went to the face of the victim, which is a dangerous object on the table, and led the victim to approximately 14 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement to F and E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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] There is no basic area (2 to 4 years) (2 to 2 years) of the first category (2 to 4 years) of habitual injury, repeated injury, and special injury (a repeated injury, repeated injury, and special injury) (a decision of sentence] (a decision of sentence] Defendant’s method of committing an offense is inferior, and a decision of sentence unfavorable to Defendant is an element of sentencing

It is the sentencing factor favorable to the defendant that the defendant is committing a crime, that is the first offender who has no criminal records, and that he remitted one million won to the victim as the repayment of damage.

In addition, the punishment shall be determined as ordered in consideration of the age, character and conduct, environment, relationship to victims, circumstances after the crime, etc., and the execution of such punishment shall be suspended, but community service shall be ordered.

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