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(영문) 울산지방법원 2017.04.26 2017고단248

특수상해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 7, 2017, the Defendant: (a) while drinking the Victim D (45 years) and alcohol at the “C” alcohol house located in Ulsan-gu, Ulsan-gu; (b) on the ground that the victim was able to prevent the horses, the Defendant, on the ground that the victim was able to do so, inflicted bodily injury on the victim, such as an open body of the head and other parts of the part requiring approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (in cases of attaching on-site photographs and verifying the personal information of witnesses);

1. Application of Acts and subordinate statutes to report on investigation (a copy of diagnosis for a victim);

1. Relevant Article 258-2 (1) and Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (see the following favorable circumstances among the reasons for sentencing):

1. Normal circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The fact that the injured party does not want the punishment of the defendant by making a confession and a unanimous agreement with the injured party, and the same criminal record is punished by a fine in 198 and 2003;

(i) Unfavorable circumstances: The crime is not good, such as where the method of crime is dangerous and has been known for a long time to inflict bodily injury, etc.