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(영문) 울산지방법원 2019.03.08 2018고단1413

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 20, 2016, the Defendant was sentenced to eight months of imprisonment for a special injury by the Ulsan District Court, and on May 7, 2017, the Defendant completed the enforcement of the sentence.

【Criminal Facts】

Around 00:30 on December 3, 2017, when the Defendant drinks alcohol from “C” located in Ulsan Jung-gu, Ulsan-gu, 2017, and listens to bathing from the victim D (the victim 49 years of age), the Defendant saw the victim’s face at the time when the victim’s face, etc. is taken from the brea and the victim’s face, etc. is taken from drinking, and the Defendant saw the victim’s face at approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. Each report on occurrence and internal investigation (the No. 3, 4, 17 of the evidence list);

1. Responses to requests for cooperation with investigation;

1. Each photograph;

1. Previous convictions: Criminal records, investigation reports, copies of rulings, and application of Acts and subordinate statutes to the current status of confinement of individuals;

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

1. The crime of this case for the reason of sentencing Article 35 of the Criminal Act among repeated crimes is committed on the following occasions: (a) when the defendant drinks alcohol at night from the victim's desire at night; (b) when the victim's face is taken several times due to drinking alcohol; and (c) when the victim's face is taken, which is a dangerous object at the above drinking house, the victim's face, the victim's face is injured; (d) not only is there a considerable risk of crime law and appearance, but also the crime is highly dangerous considering strong violent nature in light of the crime's circumstances and circumstances at the time of the crime; (e) the nature and degree of the victim's injury is not weak; and (e) the part and degree of the victim's injury is not weak; and (e) there are significant significant signs of punishment for the same violent crime; and (e) the punishment for the same kind of crime is imposed by a sentence imposed by this court on October 20, 2016.