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(영문) 울산지방법원 2016.10.14 2016고단2545

상해

Text

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

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

Reasons

Punishment of the crime

On August 2, 2016, around 05:50 on August 2, 2016, the Defendant reported to the victim E (Nam, 35 years of age) who works in the area as an employee at the D Party located in Ulsan-gu C, Ulsan-gu, Seoul-do, that he reported the illegal amusement.

A victim who moves out of the amusement equipment, and the defendant, the victim, the victim, "I am different from why we move," and the victim was at one time by hand.

As a result, the Defendant suffered injury, such as acute dynasium, in which detailed treatment for about two weeks is required, from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. In full view of the content of the crime, the act of the defendant before and after the crime, the degree of memory of the defendant against the crime, etc. as to the claim of mental and physical disability under Article 62-2 of the Criminal Act, the crime of this case is merely the defendant's bad behavior, and it does not seem that the defendant did the crime under the influence of alcohol and lacks the ability to discern things or make decisions.

Reasons for sentencing

1. The recommended type 1 (General Bodi) (General Bodily Inflicting) (Special Bodily Inflicting) mitigated Elements: Minor injury (1 and 4): Imprisonment with prison labor for one month or one year (including serious effort to recover damage) (the scope of recommending sentence); whether suspended sentence is suspended or not) - The reasons for taking into account suspended sentence - The reasons for negative reference are comprehensively compared and assessed - the reasons for the like previous conviction (the period of suspended sentence or a fine of not less than five years): The reasons for positive reference (including a serious effort to recover damage) - There are no reasons for positive general reference: There are no reasons for positive reference:

2. Additional consideration.