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(영문) 울산지방법원 2016.06.30 2016고단590

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

피고인은 2015. 12. 21. 16:45 경 양산시 B에 있는 C 공사현장 사무실 안에서, 피해자 D(47 세 )으로부터 크레인을 부주의하게 조작하여 흙이 튀었다는 이유로 항의를 받게 되자, 서로 말다툼하다가 화가 나 주먹으로 피해자의 얼굴을 수회 때리고, 소파에 웅크리고 있는 피해자의 얼굴을 주먹으로 수회 때린 다음 발로 피해자의 몸을 수회 걷어찼다.

After all, the defendant suffered injuries, such as cage cage cages, which require approximately five weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspects of D;

1. An injury diagnosis certificate (D);

1. Application of Acts and subordinate statutes to the scene of damage and photographs of the victim of the suspect;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Act on Suspension of Execution (The conditions favorable to the reasons for sentencing), [the scope of recommendation] general injury [the scope of recommendation] general injury area (six months to two years] [the decision of sentence] unfavorable under Article 62(1) of the Criminal Act: The degree of injury is heavy, the injury does not reach an agreement with the victim, and the circumstances favorable to the victim such as the fact that there are many criminal records of the same kind of crime: The fact that there are no records of the crime of suspended execution or more for the last twenty years, etc.