logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.06.17 2020고단296
특수상해
Text

A defendant shall be punished by imprisonment for six 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 January 8, 2020, the Defendant: (a) around 00:05, at the Cmina Bank located in Yangsan-si B, the victim D (Nam, 41 years old) who is a workplace partner, did not want to see that the victim D (Nam, and 41 years old) want to give an infant to the president; (b) caused the victim’s head to knickly, which is a dangerous article on the table b, once again; and (c) caused the victim’s brain and dub, etc., with no two open places where the victim needs to receive approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A report on internal investigation (Attachment of a field photograph), and a report on internal investigation (Attachment of a photograph of the victim);

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

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 for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence shall be made as ordered in the range of recommended sentence according to the sentencing guidelines, taking into consideration all the circumstances revealed in the records, such as the defendant's age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, etc., that the defendant has led to the confession of the crime in this case and is divided, that the defendant has agreed with the victim, that there is no criminal penalty record exceeding the fine of the defendant, and that there is no other

arrow