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(영문) 울산지방법원 2017.04.13 2016고단4121

상해

Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal facts

On July 6, 2016, 17:40 on July 6, 2016, the Defendant considered the victim E (51 tax) to drink together with the Defendant’s daily drinking at D cafeteria located in Ulsan-gu, Ulsan-gu, Seoul.

Annoying defect such as doing, the victim called the victim's only, but the victim called the "Yol," and on the ground that the defendant's breath was spherbing, etc., he saw the victim's face and body, and led the victim to approximately 8 weeks of treatment, such as the victim's face and body.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness E and F;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Type 1 (General Bodily Injury) in the area of aggravation (six to two years, serious injury) of the sentencing criteria set forth in the sentencing criteria.

3. Circumstances disadvantageous to the reasons for sentencing: The degree of damage does not be light, the damage has not been recovered, and the defendant has the same history of punishing the same kind of punishment, and other favorable circumstances that have occurred due to the direct pricing of the defendant.

It is difficult to see, and the payment of some medical expenses, etc.