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(영문) 울산지방법원 2016.09.23 2016고단1714 (1)

특수상해

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Presumption Facts] On April 30, 2016, around 00:02, the victim B brought a beer’s disease, which is a dangerous object in the table, on the ground that the Defendant, who is a subordinate employee, she gets to go to her, at a 3 head room located in Ulsan-gu, Ulsan-gu, Seoul, and the Defendant, who is a subordinate employee, she set the head of the Defendant’s body several times, thereby causing the victim to go to the victim’s heart of the number of days of treatment.

[2] The Defendant 1 asserted the above act of the victim B (S) at the same time and place as the above [the facts in the premise], and asserted the above act of the victim B (S). The Defendant 1 saw the beer’s disease, which is a dangerous object in the table, and caused the victim to go off the head part of the victim’s head several times, and caused the victim to go on the part of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article of the Criminal Act and Articles 258-2 (1) and 257 (1) of the Criminal Act concerning criminal facts (limited to the punishment of imprisonment, and only the punishment of imprisonment shall be punished by imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination of sentence for sentencing under Article 62-2 of the Social Service Order Criminal Act and other conditions of sentencing as indicated in the records of this case, including the Defendant’s age, sex, environment, motive, background, means, methods and results of the instant crime, and the circumstances before and after the instant crime, etc., shall be determined by comprehensively taking into account the following circumstances:

favorable circumstances: the case itself is important;

(k) Unfavorable circumstances: A reflective fact, a contingent crime under the influence of alcohol, and the victim does not want the punishment of the defendant;