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(영문) 울산지방법원 2018.11.13 2018고단2556
특수상해
Text

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

Criminal facts

The defendant and the victim B are adjoining plants, and it is a difference between the defendant and the victim B that they came to know in the course of plant old-age work.

On June 16, 2018, the Defendant met the Victim B(43) in front of Ulsan-gu, Ulsan-gu, Seoul-gu, about 21:00, and before doing a dispute for the reason that the injured person was satisfed at the entire meeting of the union members, and then the injured person was satisfed at the entire meeting of the union members, and “the age of satfe will be left half or half.”

“In the floor of the victim’s knives at once with the victim’s knives, and in advance, an empty spaws prepared while fighting the victim’s body with the victim.”

The damaged part of the victim's head was turned back after getting down the fish floor.

As a result, the Defendant carried a dangerous softened softener disease, and caused the victim to suffer the injury, thereby making up for about two weeks of treatment the victim an open room for other parts (B). The summary of the evidence was that the Defendant was prosecuted for assault but was revoked on November 13, 2018).

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. A report on the occurrence of special violence, etc., on the spot, and photograph of each suspect, and a list of reported cases processing;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigation reports (in respect ofCCTV images),

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspension of execution [the reasons for the sentencing of Article 62(1) of the Criminal Act / [the type of punishment / [the person subject to special sentencing] types 1 (special injury] [the person subject to the sentencing] - [the scope of the recommendation] mitigation area / [the scope of the recommendation] / from April to one year / [the scope of suspended sentence] - Where the person committed a crime with a dangerous article: The main reason for the suspended sentence - there is no positive and negative reason for the suspended sentence - there is no criminal record of the above positive and higher punishment / [the decision of the sentence] degree of injury to the victim, the background of the crime of this case, the criminal records of the defendant, the defendant's punishment, and the defendant

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