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(영문) 울산지방법원 2017.03.09 2017고단108

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

The defendant works at the construction site, together with the victim C (38 years) who is a Chinese Chinese person.

On January 8, 2017, the Defendant, at around 19:12, 2017, 23-2, 23-2, the northwest-gu, Yangsan-si, knex knife with the victim and returned home together with the knife in the back of the Done Star knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Seizure records;

1. On-site and damaged photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Criminal Act and Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment with prison labor for not less than one year nor more than ten years;

2. The scope of the recommended punishment on the sentencing criteria [type] and the scope of the mitigated area (one year and six months from June to two years) (a person who has been specially mitigated] shall not be subject to the punishment;

3. Although the nature of the crime in this case is not somewhat minor, the punishment should be determined as above by taking into account the fact that it is a contingent crime, the fact that the victim agreed smoothly with the victim, the outline, the environment of the defendant, etc.