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(영문) 울산지방법원 2020.05.22 2020고단559
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

At around 00:00 on December 25, 2019, the Defendant, under the influence of alcohol to the victim D (year 41) who had drinking alcohol on other tables in Yangsan-si B, and, without any justifiable reason, the Defendant said that “F in the vicinity of the victim’s “F” located in Yangsan-si E, the victim would be kneeling and knee knee kel kel kel keling,” and that “I will knee kel knee kel kele kel kele kele, if the victim made a mistake from the victim.” However, the Defendant took two times again from the victim’s kne kne kel kel kel kel kel kel kne, and the victim ging the victim’s side by taking the side of the victim’s kne kb, and gel the victim’s left wall and left the left side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Ten copies of the photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general injury [type 1] general injury (special person in a form of punishment] - serious injury (type 1 and 4): serious injury (type 1) [the scope of recommendations and recommendations] increased area, six months to two years [the general person in a form of punishment] and six months [the grounds for suspension of execution] of imprisonment (the grounds for suspension of execution of sentence] - The grounds for general pride are contingent crimes, considerable amount of money deposit, and social relation clear.

3. A defendant who is disadvantageous to the reason for sentencing the sentencing decision has seriously assaulted the victim without any particular reason, thereby resulting in serious injury to the victim.

There was no agreement with the victim.

. the favorable circumstances;

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