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(영문) 울산지방법원 2019.04.30 2018고단2871

상해

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

On July 14, 2018, at around 14:40, the Defendant: (a) performed drinking with the victim D while drinking alcohol at “Ccafeteria” located in Ulsan-gu B, Ulsan-gu, Ulsan-gu; and (b) inflicted injury on the victim’s joint right-hand part and the left-hand part, which require approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A report on the occurrence of an accident and a report on investigation (the No. 12 of the evidence list);

1. A photographic photo of damage (Evidence Nos. 4);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (Evidence No. 36 pages);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the violence revealed in the Criminal Procedure Act and the attitude of the defendant is reasonable, and the nature of the crime is not good in light of the circumstances of the crime and the situation at the time. The fact that the crime in this case is relatively heavy and the degree of the injury inflicted on the victim, and the crime in this case has been committed several times due to the same kind of violent crime, and the possibility of criticism is not small even if there was a record of punishment, it appears that the defendant committed the crime in this case, or that the defendant was committed against himself, and that the defendant was committed against himself, and that the victim did not want the punishment against the defendant, and that the victim did not want the punishment against the defendant by mutual agreement with the victim after the prosecution, and that there was no same criminal record for more than six years since February 2012.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, etc., and all the circumstances shown in the oral proceedings shall be determined as ordered.