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(영문) 울산지방법원 2014.01.09 2013고단3217
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 26, 2013, at around 03:30 on August 26, 2013, the Defendant brought about the victim D (the age of 53) who was his wife at the latest home of the Defendant in Ulsan-dong C Building 601, and brought about the victim's entrance and exit, and caused the victim to go beyond several times due to the two drinkings, and caused the victim to go beyond a half-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 light of the fact that criminal records of the same kind of sentencing in Article 62-2(1) of the Probation Criminal Act are several times, and immediately after being entrusted with counseling by the Ulsan District Court due to injury to the same victim, the decision of imprisonment is made because the victim does not want the punishment against the defendant, and the risk of repeating a crime is recognized, taking into account the fact that the victim does not want the punishment against the defendant, and both violence and violence are related to the fine, etc., the probation prescribed by special matters to be observed is added

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