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(영문) 울산지방법원 2016.06.14 2016고단1298

특수상해

Text

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

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

Reasons

Punishment of the crime

The Defendant, on April 14, 2016, drinked the victim D (51 years of age) and alcohol on the street in front of the “C cafeteria located in Ulsan-gun B” in Ulsan-gun, Ulsan-do, Ulsan-do on April 14, 2016, while drinking alcohol to the victim.

However, while the victim refused it and argued with the victim, the victim collected bricks (10cm wide, 9cm high, 5cm high, 5cm high) which are dangerous objects that were far away from the surrounding area, and caused about 2 weeks high level of open room for the victim to get approximately 2 weeks high level of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on investigation;

1. Each photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis 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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution (including the fact that an injured party does not want the punishment of a defendant in agreement with the injured party);