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(영문) 울산지방법원 2020.11.27 2020고단1070

상해등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:00 on February 29, 2020, the Defendant: (a) at the house of Do (26 years old) a female-friendly job offers victim (hereinafter “victim”) living together with a building No. B in Yangsan-si building No. C; (b) on the ground that the victim’s male relation does not cover the victim’s face number; (c) on the hand floor and drinking, the victim took the victim’s face at several times with his/her fingers, knife his/her fingers, knife his/her fingers, and knife his/her arm’s face, knife his/her arm’s length, and knife a telegraph, etc.; and (d) on the other hand, the victim took injury such as cutting the body part of the left body part of the body part of the victim’s face that needs to be treated for about 9 weeks; and (d) threatened with the victim’s face part of the victim’s face.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to the standing photographs, such as a medical certificate, face, etc., virtual, and glass cups;

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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

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

(a) The factors to mitigate a general injury (type 1): In cases of a serious injury (including serious efforts to recover damage) or a considerable partial damage, the factors to mitigate the serious injury (the scope of recommendations and recommendations) (the scope of recommendations) and the basic area of imprisonment with prison labor for April to June;

B. Class 2 Crimes (Special Intimidations) (Special Intimidations). Intimidations [Type 4] Cumulative Offenses, Special Intimidation (Special Intimidations) mitigated elements: Efforts to recover damage caused by unrecoverment of punishment.