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(영문) 울산지방법원 2017.09.12 2017고단897

상해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Criminal facts

On February 26, 2017, the Defendant, at around 21:30, suffered injury, such as D’D, “in front of the road,” “in front of the victim E (27 years old) who is a workplace club fee, and the horses that he seems to have been taken from the damaged person after drinking, she taken one time the face of the injured person’s face, taken one time, and taken the part of the injured person’s face written on the floor, and took approximately eight weeks of medical treatment.”

Accordingly, the defendant injured the victim.

Summary of Evidence

1. The Defendant’s partial statement in the court (the Defendant, while recognizing the facts charged in the court, continues to assert that “it was impossible to anticipate the result of injury,” or that “it was not followed by the outbreak of the victim,” through his/her defense counsel’s written opinion before and after the Defendant’s partial statement. As such, it can be said that the Defendant partially denied the facts charged.”

1. Each police statement made to F and E;

1. A written diagnosis of injury;

1. The application of each Act and subordinate statutes to each investigation report (including additional data);

1. Relevant legal provisions on criminal facts, Article 257(1) of the Criminal Act of the choice of punishment, reasons for sentencing of imprisonment [typed determination] - Class 1 (general person subject to special sentencing] of the general injury (the person subject to special sentencing) - [the scope of recommendation] / [the scope of recommendation] 6 months or 2 years [the scope of recommendation] - Where a major reason for suspension of execution occurs - Where a negative injury occurs: General extenuating circumstance - along with the positive contingency [decision of sentence] : A defendant's violence, accompanied by the positive contingency (decision of sentence] - the victim was seriously 15 hours after the victim was sent to the patient's room and was sent to the patient's room and was under medical treatment, and the victim was under mental and medical treatment other than sexual surgery. The victim seems to have raised severe mental pain to the defendant, and the victim is punished for the defendant's severe mental pain and thereby, the victim is guilty.