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(영문) 울산지방법원 2018.01.24 2017고단3724
상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a neighbor who resides in Yangsan-si B apartment No. 112 Dong 504, and the victim C(ma, 44 years old) is a neighbor who resides in the next floor.

On September 24, 2017, the Defendant: (a) was tracking a sound on the ground that the sound was sound from around 17:00 on September 24, 2017, on the ground that it was sound from the victim’s house; (b) was demanded to be melted; and (c) from the victim, the Defendant “whether the sound was short of cleaning at a low level; and

followed Habi

The victim’s face side was blicked twice by hearing the paragraph of “,” and the victim’s face was blicked once, and the victim’s face was blicked for about three weeks, and the victim suffered injury, such as a blick, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The sentencing criteria [the scope of recommended punishment] general injury area (two months to one year) (the person subject to special mitigation] is not subject to punishment;

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

By mutual agreement with the victim that it is favorable to make a statement that the injured party is a confession and rebuttal, and the injured party does not want to be punished by the defendant (in the form of a written agreement after the closure of pleadings), there is a considerable degree of injury suffered by the injured party due to violent crimes, and there is a career of being sentenced to suspended execution due to the crime of injury.

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