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(영문) 울산지방법원 2013.06.13 2013고단567

상해

Text

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

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

Reasons

Punishment of the crime

On February 8, 2013, the Defendant: (a) on the front day of the Ulsan-gu Carryover on February 8, 2013, the Defendant: (b) served at the destination the victim E (23 years old), a passenger of D-si operated by him; (c) but (d) did not pay the taxi charges.

금이 발생한 일로 피해자와 시비하다가 주먹으로 피해자의 얼굴 부위를 1회 때리고, 이에 피해자가 바닥에 쓰러지자 발로 피해자의 얼굴 부위를 3~4회 찼다.

As a result, the Defendant inflicted injury on the victim, such as an alley, safaf, etc., on the right side in need of treatment for about 35 days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including E statements);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act (in light of the fact that the defendant's military force and the victim are not agreed upon, it is reasonable to impose a community service for a certain period of time in order for the defendant to return to a sound social member) is more than 4 years and 6 months of suspension of execution on March 26, 192 due to a violation of the Punishment of Violences, etc. Act by the Busan High Court on the Punishment of Violences, etc., and 4 years and 4 years of suspension of execution on August 24, 2009, the Ulsan District Court sentenced 2.5 million won as the obstruction of performance of official duties, and 2.5 times prior to and after the same criminal act, the victim suffered serious injury requiring medical treatment for 5 weeks of time due to the injury in this case, such as the injury in this case, the victim's age and 3.8 million won was not properly deposited in the future, and the circumstances leading up to the criminal act of this case directly committed by the police and other favorable circumstances of the defendant.