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(영문) 울산지방법원 2017.06.01 2017고단1428
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 1, 2017, the Defendant, within the “C” located in Ulsan B, around 18:0, around 18:00, in which, without any reason, the victims D and the victims E, drinked the victims without any reason to drink alcohol with the victims, and caused the beer’s disease, which is a dangerous object on his/her own table, one time the head part of the victim D, and the number of days of treatment cannot be known to him/her.

On the other hand, the Defendant continued to use the beer disease, which is a dangerous thing, and assaulted the victim E by getting the victim E's head at one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. The investigation report (the 11st time);

1. Application of Acts and subordinate statutes governing emergency records;

1. Articles 258-2 (1), 257 (1), 261, and 260 (1) of the Criminal Act (the choice of imprisonment with labor for any special crime) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of loss (Article 53 and Article 55(1)3 of the same Act (Article 55(1) of the same Act) (Article 55(1)3 of the same Act provides that the victims have agreed to do so, but various circumstances, such as the degree of damage, the absence of a previous conviction, the circumstances leading

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);

1. Although the Defendant asserts to the effect that he was in a state of mental and physical weakness at the time of committing the instant crime, he/she does not accept such assertion in light of the various circumstances shown in the records and arguments.

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