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(영문) 울산지방법원 2020.04.24 2019고단4010

특수상해등

Text

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

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

Reasons

Punishment of the crime

1. Around 00:50 on September 28, 2019, the Defendant suffered bodily injury from a special injury: (a) in Ulsan Northern-gu B, Ulsan-gu; (b) in a case where the Defendant, without any special reason, went to the room where the victim D was in danger, and went to the beer disease, which is a dangerous object, the Defendant inflicted bodily injury on the victim, such as head and other open part requiring approximately two weeks medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. The Defendant destroyed property damage, without any special reason, the market value of the victim’s ownership in the above C, which was operated by the victim E (V) in a drunken place, without the date and time set forth in paragraph (1).

Accordingly, the defendant damaged another person's property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written diagnosis of injury;

1. C Internal photographs and investigation reports (as regards the suspicion of causing the destruction of and damage to property), the application of the statute;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 366 (a) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing-up of the punishment for the second two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one to 13 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Bodily Injury) (Special Bodily Injury Decision) (Special Bodily Injury and Bodily Injury) [Type 1] Special Bodi Injury (Special Bodily Harm) (Special Bodily Harm) mitigated elements: In the area of mitigation of punishment [the area of recommendation and recommendation range] mitigated, and four months to one year;

(b) Group 2 crime (determination of types) destruction and damage [Class 1] destruction, damage, etc. of property [Special Punishment]: Reduction elements: Non-taxation area of punishment [Recommendation Area and Recommendations range] mitigation area, imprisonment with labor for one month or six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment;