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(영문) 울산지방법원 2019.09.20 2019고단1471
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 10, 2019, at around 03:00, the Defendant drinked alcoholic beverages with Defendant’s daily behaviors, while drinking alcoholic beverages with Defendant’s words to Defendant D (26 years of age). The Defendant was unable to properly ascertain Defendant’s horses due to the victim’s disturbance, and he was unable to hear Defendant’s horses due to the victim’s shock. The Defendant saw shampoo and ampoo disease, which is a dangerous object in the area, into his hand, twice the head of the victim’s hair. The Defendant saw the victim’s shampoo and shoo disease, which is a dangerous object in the area, two times without any particular reason. The Defendant saw the victim’s head into the victim’s hair, continued to have the victim’s head after having the victim’s haird with the above shampoo and shamp, and made the victim’s head kn's face when the victim’s head was kn's hand, and kn the victim’s face.

As a result, the defendant carried dangerous objects and carried them for about 21 days, which requires treatment to the victim.

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 (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. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the accused is making a confession of the instant crime; (b) the accused has no record of the crime so far; (c) the victim is not subject to punishment by mutual consent with the victim; and (d) other factors of sentencing, including the Defendant’s age, environment, motive of the crime, and circumstances after the crime, shall be determined as indicated in the order.

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