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(영문) 울산지방법원 2016.12.29 2016고단3579

특수상해

Text

A defendant shall be punished by imprisonment for six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On October 10, 2016, at around 21:10, the Defendant, along with the victim B (the 54-year-old) who d'D' restaurant located in Ulsan-gu, Ulsan-gu, had drinking together with other customers, and the victim collected f's disease, which is an object dangerous to the victim's desire to make calculation on the ground that he expressed the victim's desire to read "the d'D' restaurant," and the victim collected f's disease, which is an object dangerous to the victim's back, one time flick back to the victim's left part, and flick back to the part of the victim's flick, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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

1. Although there are favorable circumstances, such as the confession of reasons for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation, and the fact that there is no previous conviction for the last ten years, the sentence of sentence against the defendant is inevitable considering the following: (a) the defendant's price of the victim in an unclaimed state as a dangerous object, and the occurrence of a considerable amount of blood transfusion; (b) the occurrence of a significant result may occur if the defendant might occur, (c) it seems that he did not make any effort to recover damage; and (d) the fact that the defendant has a same criminal record.

In addition, a sentence identical to the disposition shall be imposed by comprehensively taking into account the following factors: the defendant's age, character and conduct, environment, relationship with the victim, circumstances leading to the crime, etc.