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(영문) 울산지방법원 2017.06.26 2017고단1799

특수상해

Text

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

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

Reasons

Punishment of the crime

On May 8, 2017, the Defendant: (a) performed drinking with the victim E, etc. at the D drinking house located in Ulsan-gu, Ulsan-gu, U.S. on May 8, 2017; (b) performed drinking with the victim E; and (c) did not coincide with the President’s opinion on the candidate; (d) took off the victim’s head.

As a result, the defendant carried dangerous articles and carried about about 2 weeks of treatment to the victim, such as head and other aspects of the victim in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of an injury diagnosis certificate (overtime 8), each photographic statute;

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 amount of punishment (the repetition of a crime committed in the same type, the danger of recidivism, the existence of a crime, but there is no record of at least the same suspension of execution, the agreement with the victim, and other various circumstances, such as the background of the crime committed in the record and pleading, and the attitude of reflect, etc.);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;