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(영문) 울산지방법원 2017.11.01 2017고단2424
상해
Text

A defendant shall be punished by imprisonment for six 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

On June 1, 2017, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with labor for a special assault at the Ulsan District Court.

9. The above judgment became final and conclusive.

At around 00:20 on April 16, 2017, the Defendant: (a) while she had a large sound as “the president-at-law”; (b) had a horse dispute with the victim D (34) who is the spouse of the said restaurant proprietor, which prevents him/her; (c) caused the victim to be pushed down by hand; (d) the victim’s face, hair, and side glass by drinking and spawn; and (e) caused the victim’s injury, such as the 19-day cump and tension, which requires treatment between 19 days, by taking the victim into drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A written diagnosis of injury;

1. Investigation report (in-depth CCTVs);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Article 37 of the A Criminal Act proving that the person is concurrent crimes after Article 37 of the same Act);

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Whether the sentencing criteria are applied or not is concurrent crimes in the latter part of Article 37 of the Criminal Act, and the sentencing criteria are not applied.

2. Based on the above sentencing criteria based on the above sentencing criteria, the following factors, including the defendant's age, sex, environment, motive for committing the crime, and the fact that the defendant is concurrent crimes after Article 37 of the Criminal Act, shall be determined as set forth in the text:

The defendant is a person who has been investigated into a special crime of violence (criminal record) because the victim does not want the punishment of the defendant by agreement with a favorable normal confession and reflective victim, and the degree of injury suffered by a majority of victims is not less exceptionally.

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