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(영문) 울산지방법원 2018.05.23 2018고단766

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 January 15, 2018, the Defendant, at the main station located in Ulsan Jung-gu B around 23:25 on January 15, 2018, was viewed as an issue of the victim D (43 tax) and wage payment. When the victim was faced with drinking face from the injured party, the Defendant, who was a dangerous object on the lab B, was faced with the victim's head, and caused the victim's injury, such as two open wounds requiring treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to a written request for cooperation in investigation;

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

1. Reduction of volume (see, e.g., favorable circumstances for sentencing) under Articles 53 and 55(1)3 of the Criminal Act

1. A suspended sentence (see, e.g., circumstances favorable to the reasons for sentencing) is an offense for which the sentencing guidelines of Article 62(1) of the Criminal Act are not set.

A favorable circumstances: A statement made by agreement with the victim that the injured person is confession and in depth, and that the injured person does not want the punishment of the defendant, and the defendant is also injured by the victim, and there is no criminal experience other than once a fine for negligence which the injured person suffered from the crime committed during fighting with the victim: A criminal record of the same kind (an injury crime, a fine of one million won) is committed by very dangerous method.