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(영문) 울산지방법원 2020.06.23 2018고단3566 (1)
특수상해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

The defendant and the victim B on Jan. 20, 2020 were tried separately from the defendant in this court due to special injury, etc. on Jan. 20, 2020, and the dismissal of the defendant on April 23, 2020 was sentenced to the same year.

5.2. Around July 19, 2019, at least 19:26, the Defendant and land-based C met together with “E convenience store located in Ulsan-gun, Ulsan-gun,” and the Defendant met together with the victim, who was the seat of the above C, and was drinking together. At around 19:26, July 19, 2019, the Defendant took a bath in front of the “E convenience store located in Ulsan-gun, Ulsan-gun, Ulsan-gun, U.S., Ulsan-gun, and without any special reason, from the victim who took a bath without the influence of alcohol (at least 53 years of age, she is considered as having been drinking only once if he or she is bad or bad.” The Defendant took a warning from the victim who was under the influence of alcohol that “at least one week if he or she suffers from a danger that he or she suffers from the injury of the victim, such as two or more so on, he or she suffers from the injury of the victim.”

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of Acts and subordinate statutes to field photographs, requests for cooperation in investigation (related to the part against B damage), investigation reports (topline C telephone statements hearing);

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 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: Six months to five years of imprisonment;

2. Extent of the recommended punishment according to the sentencing guidelines [Determination of types]. Special injury, repeated crime [Class 1] Special Injury (Special Contributors] mitigated element: Where victims are fully responsible for the occurrence of a crime or the expansion of damage (the area of recommendation and recommendation range] mitigated range, and the scope of the recommended punishment revised according to the sentences of four months to one year.

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