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(영문) 울산지방법원 2019.09.18 2019고단1569

특수상해

Text

A defendant shall be punished by imprisonment for 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 02:50 on December 14, 2018, the Defendant, at the main point of Ulsandong-gu B building and “C” located on the second floor, drinked the drinking value and disputed with the owner of the above main point, the Defendant maintained the victim D (the age of 57) who was in the place of the Defendant’s order to the effect that the victim she would be “I am satisfying the drinking value.” On the ground that the victim she was satisfying the victim’s face to the effect that “I am satisfying the drinking value.” On the part of the victim’s face, the Defendant caused damage to the victim’s face face 14 days for treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Investigation report;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines (determination of types) [Class 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily (Special Bodi Bodi Contributor): Insignificant injury [the scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment that is modified according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the applicable sentencing range

3. In full view of all the circumstances revealed in the records, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., that the defendant was unable to agree with the victim, that the defendant led to the crime of this case and is divided, that the degree of injury to the victim caused by the crime of this case is relatively insignificant, and that the punishment shall be determined as ordered within the scope of recommended punishment according to the sentencing guidelines, by taking into account all the circumstances shown