beta
(영문) 울산지방법원 2019.01.31 2018고단3377

상해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. Around 03:30 on October 13, 2018, the injured Defendant: (a) Dogdong-gu, Ulsan-gu, where the Defendant was living; (b) Dog-gu, a victim D (the age of 56) who was a victim of the Defendant’s death between the Defendant and the Defendant (the age of 56) stated that the Defendant would drink drinking alcohol only; and (c) Dog-gu, “Ig-gu, the age of this opening, spawn, spawn,” 3, 2, 2, 2, etc. of the victim’s face with each drinking, and 3 times of the head; (c) assaulted the victim’s full strength with three times of the victim’s mouth, which requires approximately two weeks of treatment.

2. The Defendant, at the time and place specified in Paragraph 1, threatened the victim with excessive damages, which is a dangerous object that had been scambling to the victim, by showing his behavior that seems to have been taken toward the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each photograph;

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

1. Relevant Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence Article 62(1) of the Act on the Punishment of Crimes No. 1 [Scope of Recommendation] General Injury [Special Mitigation] and Article 62(1) of the Act on the Suspension of Execution, Article 62(1) of the Act on the Punishment of Specific Crimes [Scope of Recommendation] Group No. 2 Crimes for which no punishment is imposed [Scope of Recommendation] [Special Mitigation]] and the mitigated area (2-1 year from February to 1 year] [Special Mitigation]. The final sentence scope according to the aggravation of punishment for multiple concurrent offenders who are not subject to punishment: February to 15 [Determination of Sentence] and the method of crime are different, and the punishment shall be determined as per the order in consideration of the fact that the victim living together complained of his wife and the defendant is divided.