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(영문) 울산지방법원 2020.05.08 2019고단2826
특수상해
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 02:00 on June 8, 2019, the Defendant, at the main point of “C” located in Ulsan-gu B, Ulsan-gu, and as the Defendant, while drinking together with the victim D (the age of 29) and drinking together with other drinking together with the victim D, she told the victim of his/her desire to “Chak” and heard the victim’s face from the victim, and caused the fluor’s disease, which is a dangerous object on the table table, to go through the victim’s face, and caused the fluor’s disease to go up to the victim’s face, thereby requiring approximately two weeks of treatment, and the fluor’s heart and fluor’s heart in the oral mouth.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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 ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).

3. Although the nature of the crime is inferior in that the defendant who was sentenced to a sentence of punishment inflicts an injury on the victim with dangerous things, the defendant has led to the confession of the crime of this case and misunderstanding as his own. After the closure of pleadings, he remitted the victim with the name of treatment expenses, he has no record of punishment exceeding the fine, and other factors of sentencing, such as the defendant's age, environment, means and consequence of the crime, etc., shall be determined as ordered in consideration of various factors of sentencing, such as the age of the defendant,

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