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(영문) 울산지방법원 2017.08.16 2017고단1341

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 10, 2017, at C convenience stores located in Ulsan-gu, Ulsan-gu, Seoul-do, around 00:13, the Defendant: (a) purchased 1 disease per week; and (b) calculated it to the victim D (31) who is an employee; (c) reduced the fluence to the floor of the fluence; and (d) reduced the fluence to the victim; and (c) then, “At present,

이 씨 발 놈 아, 개새끼야” 라는 등으로 욕을 하면서 시비를 걸고, 소 주병을 손에 거꾸로 들고 피해자를 때리는 시늉을 하면서 카운터 안으로 들어가려고 하다가 피해자가 이를 제지하자 위험한 물건 인 위 소주 병으로 피해자의 머리를 내리쳐 피해자에게 약 2 주간의 치료를 요하는 두피의 열린 상처 등의 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

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

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

1. The circumstances favorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (referring to the part favorable to the reasons for sentencing as set forth below): The confession and reflection of the circumstances; the victim does not want the punishment of the defendant by agreement with the victim; although the period of suspension of execution is due to driving without a license, it is due to driving without a license; the same criminal record is not only the previous criminal record in 1994 and the previous criminal record in 198.

(a) Unfavorable circumstances: The fact that a crime has been committed without being aware of the period of probation, and the victim has been injured by a very dangerous method;