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(영문) 울산지방법원 2019.07.05 2018고단2960
상해
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 June 28, 2018, at around 16:25, the Defendant: (a) stated that the Defendant was able to listen to the drinking water from the victim J (the age of 59) in the “I” restaurant located in Ulsan-gu H, Ulsan-gu; (b) expressed the victim’s desire to “hump, hump, hump, hump”; (c) carried the victim’s breath, pushed the blap, was pushed down, pushed down, and flaped up twice the victim’s face outside of the said restaurant and drinking.

As a result, the defendant suffered from the injury of the victim, such as an influence of the number of days of treatment, a part of the back, and a part of the back head.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol against J;

1. A report on investigation (the sequence 14 of evidence list);

1. Application of Acts and subordinate statutes of each photograph (Evidence Nos. 6, 15);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 (1) of the Election of Imprisonment or 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. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the violence of the defendant revealed in the applicable law and appearance of the crime; (b) the nature and circumstances of the crime in light of the circumstances at the time of the crime; (c) the responsibility for the crime in this case is not easy; (d) even though there are many kinds of records of punishment for the crime in the same kind of violent crime, the possibility of such criticism is not small; (b) the defendant committed the crime in this case; (c) the defendant was committed against the defendant; (d) the victim was aware of and against his own crime; and (d) the victim was committed a conflict with the defendant in the above restaurant at the time of the trial and in the street, the victim appears to have been pushed of the defendant's shoulder; and (d) the defendant was found to have brought about the crime in the process of setting up against it; and (e) the victim did not want to have been punished for the defendant on April 23, 2019.

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