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(영문) 울산지방법원 2019.11.21 2019고단656

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On January 26, 2019, from around 02:50 to 03:20 on the same day, the Defendant: (a) heard the victim D (the 43 years of age) of Ulsan-gu Budio C, Ulsan-gu, Ulsan-gu; (b) talked with the victim who had been aware of in-depth to drink with the victim; and (c) talked with the victim that “n't drink Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Had Had

As a result, the Defendant carried dangerous things with the victim, and caused the victim's injury that can teared down in the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing Criteria (Scope of Recommendation) : Type 1 (Special Bodily Injury) Bodily Injury: A person who is not subject to punishment in the mitigated area (4-1 year);

2. Based on the above sentencing criteria, the sentencing criteria as ordered shall be determined by comprehensively taking into account the following circumstances, Defendant’s age, character and conduct, environment, motive of crime, etc.:

The facts charged in favor of the defendant, the fact that it is a contingent crime, the agreement with the victim, the defendant also committed an act dangerous to the head of the victim due to a normal minor disease unfavorable to the defendant, and the fact that the defendant has committed a crime.