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(영문) 울산지방법원 2018.10.16 2018고단2499
상해
Text

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

Reasons

Criminal facts

On May 8, 2015, the Defendant was sentenced to one year and eight months of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (joint injury) at the Ulsan District Court on May 8, 2015, and completed the execution of the sentence at the Mapo Prison on October 10, 2016.

On July 23, 2018, the Defendant: (a) around 11:30, Ulsan-gu, Ulsan-gu, and “C oriental medical hospital” parking lot; (b) at the above hospital, the Defendant inflicted injury on the victim, by head, such as the damage of the flag and the injury of the flag, the flag of the flag, the flag of the flag, the flag of which requires approximately three weeks of treatment; and (c) the flag of the flag of the flag, the flag of the flag of the flag and the open wound of the mouth.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A photograph of damaged parts, a written diagnosis of injury, and CCTV images;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 257 of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria, general injury (the scope of general injury) and the area of mitigation (two months to ten months) (special mitigation (special mitigation)] / Non-members of the punishment / the same repeated crime;

2. Circumstances favorable to the reasons for sentencing: The sentence shall be determined as ordered by taking into consideration all the circumstances, such as the defendant's age, motive, means and consequence of the crime, the motive of the crime, the means and consequence of the crime, the circumstances after the crime, etc., in light of the degree of violence and danger of the defendant at the time, and the degree of danger of the crime, etc., which are disadvantageous to the defendant: the defendant's agreement with the victim: the defendant does not change to the crime of this case in light of the degree of violence and danger of the defendant at the time, and the defendant has the records of the same criminal punishment several times, and the possibility of repeating the crime is high.

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