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(영문) 울산지방법원 2017.07.03 2017고단1931

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 15, 2017, the Defendant, at the point of “C” located in Ulsan-gun B, Ulsan-gun, U.S. on May 22 and 25, 2017, performed drinking together with three alcohols including victim D, and divided conversations related to the victim’s failure to invest in the business. As a result, misunderstanding of the amount of investment at the time, there is a high arbitrity, and as a result, the Defendant collected the head of the victim, who is a dangerous object on the table, was able to hear the humiliation from the victim, and continued to inflict injury on the victim, such as return and other parts that require approximately two weeks medical treatment, and open conditions for the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Opinions, the application of each statute of photograph;

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

1. Article 53 and Article 55(1)3 of the Criminal Act to mitigate amount (a) (along with the existence of a risk of committing a crime, various circumstances shown in the records and pleadings, such as the degree of injury or injury agreed with the victim, the details of the crime, and the degree of reflectivity);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above circumstances);

1. Article 62-2 of the Criminal Code of the Social Service Order / [Judgment on the Defendant’s argument] The Defendant asserted to the effect that he was in a state of mental or physical weakness at the time of committing the instant crime, but the Defendant does not accept such assertion in light of various circumstances