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(영문) 울산지방법원 2018.03.21 2017고단3604
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

Punishment of the crime

The defendant is between the victim C (36) and the other.

On September 2, 2017, the Defendant, while drinking alcohol together within the residence of Ulsandong-gu 105 Dongdong-gu 1415 Dong-gu, Ulsandong-gu, Seoul Special Metropolitan City on September 22, 2017, would promptly live human life for the victim.

At the same time, the injury was inflicted on the victim's right upper part and the right hand of the victim once every time due to the transition (24 cm in total length, 12 cm in length) that had been cut within the inner line on the ground that he had expressed his desire to be a tree, and that he had been snifed, and the victim had been injured, such as an open upper part of the right upper part (2 cm in length, 5 cm in depth) on the right upper part of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Application of the legislation in its opinion;

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

1. Reduction of volume (see, e.g., favorable circumstances for sentencing) under Articles 53 and 55(1)3 of the Criminal Act

1. Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing)

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is an offense for which the sentencing guidelines have not been set and supported.

A favorable circumstances: A victim who has no previous conviction exceeding a fine stated because he/she is confession and in depth, and agree with the victim that he/she does not want the punishment of the defendant, and the motive leading up to the crime and the unfavorable circumstances considering the relation with the victim: The defendant has a mental illness in the same way as the defendant commits a very dangerous and serious crime.

The above circumstances, the defendant's age, sex, environment, etc., and the various factors of sentencing shall be determined as per the order.

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