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(영문) 울산지방법원 2017.07.11 2017고단259

상해

Text

A defendant shall be punished by imprisonment with prison labor for four 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

Criminal facts

At the time, the Defendant was the employee of the victim D(34 tax).

On December 23, 2016, the Defendant, at the end of Ulsan-gu E on December 23, 2016, suffered bodily injury, such as luminous bones and felling felites, on the ground that the victim, who was under the influence of alcohol, talks about the dissatisfaction and talks about the alcohol disease while talking about the dissatisfaction, and the victim was acting without a brucation, resulting in the Defendant’s injury on the part of the victim, on the ground that the victim was acting without a brucation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for the suspended sentence under Article 62 (1) of the Criminal Act - In the event of a general injury [the person subject to special sentencing] - [the person subject to the suspended sentence] - in the basic area of injury (including serious efforts to recover damage) committed among the mitigated factors / [the scope of the recommended sentence] 4 months to 1 year and 6 months [the scope of the suspended sentence] - The main reason for the suspended sentence is whether positive punishment (including serious efforts to recover damage) - There are no criminal records of the suspended sentence and above positive social relation clearly: there are no criminal records of the suspended sentence [the sentence] above, together with the sentencing factors as seen above, there are no criminal records of the defendant above 30 million won, who agreed smoothly with the victim by paying 33 million won to the victim and only agreed smoothly with the victim, who violated the Act on the Punishment of Violence, etc. at Night (including serious efforts to recover damage), - The defendant's motive and motive for the defendant to commit the crime in this case, and the defendant's motive and condition of the crime in this case, etc.