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(영문) 울산지방법원 2019.04.30 2019고단340
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 31, 2018, at around 23:25, the Defendant: (a) 1 room of “Camina” located in Ulsan-gun B, Ulsan-gun, and met with the victim D (the age of 28) in the hand floor twice; (b) the beer’s disease, which is a dangerous object on the table, has been unloaded to the table, and then he saw the beer’s body into the table, and then he saw another hand, and caused the injury to the victim’s left part, where it is impossible to identify the number of days of treatment by cutting off the blap.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A report on the occurrence of violence;

1. Application of each statute on photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include not only a considerable risk of the Act on the Punishment of Crimes, but also a crime that shows violence in the course and form of the crime, etc., and the crime is not good. The crime of this case is committed in favor of the defendant, such as the following: (a) the victim's left part is disadvantageous to the defendant; (b) the defendant seems to have taken an attitude to recognize and reflect the defendant's criminal act; (c) the defendant seems to have committed the crime of this case by breaking the victim, who is in the state of under the influence of alcohol, who is in the workplace, and the ship, with the victim, who is in the state of alcohol, and the victim, has not want to be punished against the defendant; (d) there is no criminal history of the same kind of crime; and (e) there is no criminal record exceeding the fine.

In addition, all the circumstances shown in the records and arguments, such as the defendant's age, character and conduct, environment, occupation, motive and consequence of the crime, and circumstances after the crime.

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