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(영문) 울산지방법원 2015.08.13 2015고단1524

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 27, 2014, the Defendant was sentenced to six months of imprisonment for interference with train traffic in Daegu District Court and racing support, and completed the execution of the said sentence on October 24, 2014.

1. On June 9, 2015, the Defendant assaulted the victim at a D cafeteria located in Ulsan-gu, Ulsan-gu, Seoul-gu, without any reason, on the part of the victim E (56 years of age), boomed against the victim, booming the victim’s breath by hand, pushing the victim’s breath toward the restaurant wall, pushing the victim’s breath, and booming the victim’s breath by drinking.

2. At around 01:10 on July 4, 2015, the injured Defendant reported that the victim I (54 years of age) drinks G and drink in the H restaurant operated by G in Ulsan-gu, Ulsan-gu, and that the above G had an interview with the victim on the part of the victim on the ground that the victim had an interview with the victim, the injured Defendant brought about approximately 14 days of the victim’s face to the victim by drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to I, G, J, and E;

1. Each investigation report (to hear statements from the opposite police officer, hear witness's telephone statements, and confirm the intent of punishing victims E), and photographs;

1. A written diagnosis of injury;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiry reports and investigation reports (certificates of personal confinement by individual and accompanying copies of relevant written judgments);

1. Relevant Article 260(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257(1) of the Criminal Act and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Sentencing Sentencing - No basic area (4-1 and 6 months) (the scope of recommendations) of Category 1 (the scope of general injury) (the person in special form) shall be included in Category 1 (the scope of recommendations) (the person in special form). - The scope of final sentence due to the aggravation that there is no person in special form of punishment (the person in special form of punishment) of Category 1 (the scope of recommendations) and the basic area (2-10 (the general violence) of Category 1 (the scope of recommendations): April to January 1;

2. Sentence;