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(영문) 울산지방법원 2017.11.29 2017고단2386

특수상해

Text

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

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

Reasons

Punishment of the crime

On January 9, 2017, the Defendant collected fluor’s disease, which is a dangerous object on the customer’s location, while drinking alcohol, such as the victim E (32 taxes) from “D cafeteria” located in Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-do, and caused injury to sugar in two open areas where treatment between approximately 21 days is required for the victim’s head.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reduction of a small amount (referring to the advantageous part of the reasons for sentencing as follows) under Articles 53 and 55(1)3 of the Criminal Act

1. The reasons for sentencing under Article 62(1) of the Criminal Act (referring to the part favorable to the following reasons for sentencing) are as follows: (a) the sentence shall be determined as ordered by comprehensively taking into account the following circumstances; and (b) the Defendant’s age, sexual conduct, environment, motive for committing the crime.

By mutual agreement with the victim that he/she made a statement that he/she is favorable to a normal confession and reflect, the victim does not want to be punished by the defendant, and the police officer at a disadvantage unfavorable to him/her that he/she did not have any criminal record other than the previous fines recommended in 1997 and 2009, but he/she made a statement to the effect that he/she made a confession of his/her crime without the same criminal record, but the prosecutor knows that he/she did not have CCTV but did not take it early, but knows that the degree of the victim's injury was not small by very dangerous means,