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(영문) 울산지방법원 2017.02.09 2016고단3643

상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Force” On October 12, 2016, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for a crime of intrusion upon residence at the Busan District Court on October 20, 2016, and the judgment became final and conclusive on October 20, 2016. On September 8, 2016, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for a crime of interference with business, etc. at the Ulsan District Court, and the judgment became final and conclusive on November 26, 2016.

【Criminal facts” around 19:30 on August 30, 2016, the Defendant: (a) caused the victim D (60 years of age) who was on duty at C Hospital C in Yangnam-si, Yangyang-si, to be hospitalized; (b) caused the victim D (60 years of age) to propose plastic materials in front of the receipt site, and damaged the glass by getting off the front of the receipt site; and (c) caused the victim’s face and the part of the hand, etc., who was sitting in front of the receipt site, caused the victim to suffer from the loss, such as the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A damaged photograph and on-site photograph;

1. Previous convictions in judgment: Inquiry about criminal history, report on investigation (report on confirmation of the same kind of force), and application of the statutes governing the judgment;

1. Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 44-2 of the Act on the Observation of Protection, Medical Treatment, Care, Care, etc. is very high to the defendant, and the crime of this case is committed during the judgment of the case on which the suspension of execution is rendered, and the nature of the crime is somewhat minor;

shall not be deemed to exist.

However, the defendant committed a crime that was judged to be rejected by hospitalization when the defendant voluntarily requested for hospitalized treatment due to the existence of alcohol, and the circumstance of the crime is somewhat different, and the victim and the victim have agreed so that the victim are receiving medical treatment for the existence of alcohol at the time of damage hospital.