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(영문) 울산지방법원 2018.06.08 2018고단940
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 3, 2018, the Defendant talked with the Defendant’s corporate club fees, including the victim D(62 tax), at the △△△△△ △△○○ located in Ulsan-gun, Ulsan-gun, Ulsan-do, on March 3, 2018, and the Defendant “Is the Defendant at the end of Nice.”

Does " n't ask the injured party " n' and there is a few differences in death."

“I have heard the horses of “, I have taken the part of the victim’s head by hand with beer, which is a dangerous object on the customer at the place.”

As a result, the Defendant carried dangerous things and inflicted bodily injury on the victim, which requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (Evidence No. 1);

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 (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. Article 62(1) of the Criminal Act on the stay of execution (The following factors are considered to be more favorable to the defendant among the grounds for sentencing)

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is an unfavorable circumstance to the defendant, in light of the method and method of crime, the risk of risk, the victim’s injury, and the fact that the defendant committed the crime of this case, even though he was punished by a fine for the same kind of violent crime, even though he had the record of being sentenced to punishment for the crime of this case.

However, the defendant's mistake is recognized and is in profoundly against the defendant, and the defendant also has committed violence against the injured person at the time, and the injured person is punished for the defendant by agreement with the injured person before prosecution.

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