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(영문) 울산지방법원 2017.06.09 2016고단4584

상해등

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

"2016 Highest 4584"

1. On September 19, 2016, the Defendant: (a) 23:00 on the road in front of the mutual influence point in Ulsan-gu, Ulsan-gu; and (b) on the road in front of the drinking-gu, Ulsan-do; and (c) on the road in front of the drinking-gu, Ulsan-do, Busan-do-dong, when the victim’s face is taken one time due to drinking alcohol; and (d) when the victim goes beyond the victim’s face and the head is faced with it on the floor.

As a result, the Defendant inflicted injury on the victim, such as the closed peltoma of the peltoma, the right-hand peltom fever, the right-hand peltomosis, etc., which requires approximately six weeks of treatment.

"2017 Highest 998"

2. The Defendant is a member of the local reserve forces belonging to Ulsan-gun C.

On February 15, 2017, the Defendant did not undergo training without justifiable grounds even after receiving a notice of a muster of training in the name of the unit 7765 unit 1 unit 7765 unit 1 unit 7765 unit 1 unit 1 unit 7765 unit 1 unit 1 unit 1 unit 7765 unit 1 unit 1 unit 1, and the Defendant’s house 1007 unit 102 unit 107 unit 107 unit 5 unit 5 unit 5 unit 5 unit 5 unit 5 unit 1 unit 7765 unit 1 unit 1 unit 5 unit 5 unit 5 unit 5 unit 1 unit 5 unit 5 unit 5 unit

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written statement;

1. Written accusation (including supplementary data), a certificate of receipt of a notice of call for training;

1. Application of Acts and subordinate statutes to each investigation report (cases accompanied by a medical certificate (including cases of additional submission of a medical certificate);

1. Relevant Article 257 (1) of the Criminal Act, Article 257 of the Criminal Act, Article 15 (9) 1 and Article 6 (1) of the Reserve Forces Act, and Article 6 (1) of the same Act, the occupation of failing to participate in the training for choice of punishment: Imprisonment with prison labor;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long term of the above two crimes, which are prescribed for the heavier punishment, shall be aggravated);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of applicable sentences by law: Imprisonment for one month to eight years; and

2. Reference to the sentencing criteria for the crime of injury (determination of types) in general.