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(영문) 울산지방법원 2018.12.11 2018고단2968
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

On 21, 2018, 01:25 on 21, 2018, between the first floor and the second floor stairs of the building located in Ulsan Nam-gu B, Ulsan-gu, and the defendant, the defendant reported a defense with C, the defendant, who discovered it, the victim D ( South, 51 years old) who discovered it, “I want to enter the place where people frequent.”

In this regard, “the victim’s chest was cut off on the first floor as a sloping of the victim’s chest.” Then, the victim’s rear water coming out of the building with the bend axis of C was frighted by drinking the back water of the victim, went out of the building and breaking the victim, followed by breaking it, and the victim was used to oppose this, and the victim was frighted by putting the bricks on the floor in order to leave the place while putting it out, and intending to leave the place when the victim was used, the victim’s kiddddd by cutting down the part of the victim’s clean water.

As a result, the defendant used a brick, which is a dangerous object, to put up a head open room that requires treatment for about 21 days for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against D or C;

1. A report on the occurrence of a crime (special violence), on-site photographs, or photographs to take a course;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act for the order to observe the protection [the type of punishment] [the reasons for sentencing in Article 62-2 of the Criminal Act / [the person subject to special sentencing] types 1 (special injury] [the person subject to special sentencing] - [the scope of the recommended sentence] mitigation area / [the scope of suspended sentence] 4 months to 1 year [the scope of the recommended sentence] - major reasons for special consideration - Where a person committed a crime with dangerous articles carrying a dangerous article: The main reasons for special consideration - The main reasons for suspended sentence - the positive reasons for suspended sentence - the sentence not less than two times against the above ones for suspended sentence (the decision of the sentence] as well as the previous conviction for the defendant, but there are many kinds of

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