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(영문) 울산지방법원 2020.03.18 2019고단4664
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

At around 20:30 on October 17, 2019, the Defendant: (a) while drinking “C” restaurant located in Ulsannam-gu, Ulsan-gu, Seoul-gu, the victim said that “A” (the victim D (year 44) who is the representative of the company in which the Defendant had been working and the Defendant’s attitude of working for the on-site captain, the on-site captain, etc., and said, “I will no longer work like the party. I will not dismiss the company unless I will dismiss the company, I will place the small remains as the on-site worker, which is a dangerous thing that I would go to the inside of the victim; and (b) had two open measures requiring the victim to take approximately two weeks of treatment in accordance with the remaining parts of the victim’s later side of the said small-distance.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to the victim's bodily injury photographs and diagnosis reports;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated crime injury [the first category] special injury [the special person] mitigation element] or considerable damage is recovered [the scope of the recommended sentence and the recommended sentence] mitigation area, imprisonment for four months to one year [the scope of the recommended sentence revised according to the applicable sentencing guidelines] for six months (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the applicable sentencing guidelines under the law, because the lowest limit of the applicable sentencing range is inconsistent with the applicable sentencing range under the law, the applicable sentencing range shall be set according to the applicable sentencing range).

3. The fact that the defendant who was sentenced to punishment of this case makes a confession of the crime of this case in substitution, the fact that the defendant has agreed with the victim, and other age, character, conduct and environment of the defendant.

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