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(영문) 울산지방법원 2017.07.18 2017고단1633

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On May 16, 2017, the Defendant, at the main point of “C” located in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do, on the ground that the Defendant was fluencing on the ground that the Defendant was fluencing the victim D (43 tax) and drinking in a usual manner, and flusing conversations, and was on the table that the Defendant was flucing on the table.

On the other hand, the victim got out of her own and got her left side to her left side, and the head of the victim was her head one time with an empty beer who is a dangerous object, and the victim got her head to her two parts of blood transfusions, the number of days of treatment of which cannot be identified.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of internal investigation reports, 112 Reports treatment marks, field photographs-related Acts and subordinate statutes;

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;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the order to observe and observe the protection could lead to a more bad consequence if the defendant uses violence such as an empty beer disease, which is a dangerous object. However, the victim wanted to take account of the following factors: (a) the defendant has a strong history of punishing the defendant in the same kind of violence; (b) the defendant has a lot of history of punishing the defendant in the same kind of violence; and (c) the level of the punishment is three times of imprisonment with prison labor; (d) the defendant has no record of punishment for the last ten years; and (e) the defendant has a depth of his mistake.