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(영문) 울산지방법원 2020.04.24 2019고단445
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

The defendant is a person who suffers from alcohol dementia, etc., and the victim B(50) suffers from cerebral disease, etc.

Around 04:00 on August 3, 2018, the Defendant: (a) under the state of having weak ability to discern things or make decisions due to alcohol dementia, etc., and (b) under the circumstances where the Defendant was hospitalized in the care room E of the Dvalescent Hospital in Ulsan-gu C with the victim, Ulsan-gu, U.S., on his hand, brought about two-time injury, such as an open room, where the victim needs to receive approximately two weeks of treatment.

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

Summary of Evidence

1. A written statement prepared B and F;

1. Photographss of damaged parts, photographs of criminal tools, and internal investigation reports (the G telephone conversations of shots);

1. A written opinion and a medical certificate;

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. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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: Imprisonment for three to two years;

2. Scope of the recommended punishment according to the sentencing guidelines (decision of types) [Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily (Special Impact Person] mitigated elements: The area of mitigation [the area of recommendation and the scope of the recommended punishment] mitigated area, 4 months to 1 years.

3. In full view of the following circumstances: (a) the defendant was unable to agree with the victim; (b) the defendant has no record of being punished for the same kind of crime; (c) the degree of damage caused by the crime of this case; and (d) the defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., the punishment as ordered within the scope

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