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(영문) 울산지방법원 2017.10.25 2017고단2904

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 17, 2017, the Defendant: (a) around 23:44, on the street in front of the “D” restaurant operated by Ulsan-gun, Ulsan-gun, (b) and under the influence of alcohol, caused damage to other customers, and (c) caused the damage to other customers, and (d) caused the Defendant to inflict an injury on the victim, such as “an empty beer,” which is a dangerous object at the entrance of the above restaurant, by taking the victim’s head into his hand, and by taking the victim’s head head part at one time, which requires approximately four weeks medical treatment.

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 C;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reduction of a small amount (referring to the advantageous part of the reasons for sentencing as follows) under Articles 53 and 55(1)3 of the Criminal Act

1. The circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act (referring to the part favorable to the reasons for sentencing as set forth below): The confession and the depth reflects those favorable to the reasons for sentencing; the victim does not want to have the punishment from the beginning; the victim does not want to have the punishment from the beginning; the victim suffered injury in a very dangerous manner; the degree of injury suffered by the victim seems to have been significant; the criminal experience is considerable and the same criminal record is not considerable.