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(영문) 울산지방법원 2019.02.22 2018고단3239
상해
Text

A defendant shall be punished by imprisonment for four 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

At around 12:50 on May 7, 2018, the Defendant was smoking tobacco in the C Community Center located in Ulsan-gun B, and on the ground that D, a dong resident, “Is the victim E (the age of 62) who is the same resident at the time D’s scambling, said D’s cambling, was f2 years of age, and the Defendant was moving the Defendant out of the center, “Iskh”, “Iskh,” and flabing the victim’s face, the Defendant inflicted an injury on the victim, such as the b9 days of treatment, and the sckes of inside and outside walls, which require treatment for about 29 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

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

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

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act refers to the following: (a) the Defendant committed the injury in consideration of the victim’s face taken out from the center by taking advantage of the method and form of the crime, the circumstance and circumstances at the time of the crime, etc.; (b) the crime of this case is disadvantageous to the Defendant; (c) the fact that the victim’s part and degree are dangerous and considerable danger to the victim’s injury; (d) the Defendant recognized the crime of this case and took an attitude against the victim; and (e) the victim did not want to be punished; (e) there was no previous conviction exceeding the fine; and (e) elderly and health conditions are not good.

In addition, the character and behavior, environment, family relationship, motive and circumstances of the crime, etc. of the defendant after the crime is committed.

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