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(영문) 울산지방법원 2021.02.03 2020고단5276

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2020, the Defendant: (a) 20:30 on November 20, 2020, caused fraud, which is a dangerous object, to the victim, on the grounds that the food made by the victim within the “D” restaurant operated by the victim C (n, 60 years of age) was not satched; and (b) caused the victim to suffer from the crime, etc., by taking the victim’s disease, etc. into account; and (c) caused the victim to suffer from the disease, etc., for about three weeks of treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to the written diagnosis of bodily injury inflicted upon the defendant's legal statement C;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, along with the sentencing circumstances for the Defendant, the Defendant’s age, family relation, growth process, sexual conduct, living environment, the background and result of the instant crime, etc., as well as all of the sentencing conditions indicated in the records and theories of changes, such as the circumstances after the instant crime, shall be comprehensively considered and determined as ordered.

D. Unfavorable circumstances: The fact that foods have no food massage to the victim because of the absence of a dangerous article for the victim; the circumstance that the victim was suffering from the injury caused by the booming of the face of the victim; the fact that the defendant is living against the victim; the fact that the defendant has agreed with the victim;