beta
(영문) 울산지방법원 2018.04.06 2018고단193

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 became final and conclusive.

Reasons

Punishment of the crime

On December 6, 2017, the Defendant: (a) while driving a car cke at the loading station located in Ulsan-gun, Ulsan-gun, Ulsan-gun, U.S., a person engaged in daily work with the victim D (60 taxes) while getting off the steel cream, the Defendant inflicted on the victim’s cream (15kg) with the victim’s cream (15kg) who is a dangerous object for the reason that the victim was dissatisfied with the cream work; and (b) caused the victim to inflict on the victim about 4 weeks of the cream cream, tension, etc. in need of approximately 4 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (to hear statements from victims);

1. A medical certificate;

1. Application of statutes on field photographs;

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 (hereinafter “the grounds for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity (hereinafter “the grounds for sentencing”)

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter “the reason for the suspended sentence”) is that the Defendant’s means and method of committing a crime are dangerous and may lead to a large-scale accident in which the life of the victim is damaged, the injury of the victim is not less and less that of the victim, and the fact that the Defendant has been punished for the same kind of violent crime is disadvantageous to the Defendant.

However, the fact that the defendant recognized his mistake and reflects his depth, and that the injured person was not punished by the victim because he agreed with the victim before the prosecution, etc. is favorable to the defendant, and the punishment is determined as ordered by taking into account all the conditions of sentencing as shown in the records and arguments, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.