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(영문) 울산지방법원 2018.06.12 2018고단348

특수상해

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2. Provided, That the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On February 6, 2018, the Defendant, around 08:20 around Ulsan-gu C and 303 of Ulsan-gu, Ulsan-do, where the Victim D and alcohol were in the process of drinking with the victim, was faced with the victim’s disease, which was a dangerous thing that had been in the process of drinking with the victim, on the part of the victim, and caused the victim’s injury to “the head’s other parts open to him/her, etc.” requiring treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photographs taken on top of the victim's body;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts of the relevant crime;

2. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following conditions in favor of the reasons for sentencing shall be considered).

3. Grounds for the suspended sentence under Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances required for the sentencing in the following reasons):

1. The conditions favorable to the defendant shall be as follows:

It seems that a criminal act is committed contingently.

In depth, one's own crime is divided, and the victim has received a letter from the injured party and has not been punished by the defendant.

There is no criminal history of imprisonment without prison labor or heavier.

2. The circumstances disadvantageous to the defendant shall be as follows:

There is a record of punishment for the same crime.

3. In light of the aforementioned various circumstances, the Defendant’s age, sex, environment, health status, previous convictions, and all other sentencing circumstances revealed in the records, including the motive, means, and consequence of the instant crime, the Defendant’s age, sexual behavior, and health status, and the circumstances after the crime, the sentence is determined as ordered.