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(영문) 울산지방법원 2017.02.14 2016고단4533
특수상해
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on September 10, 2015, was under dispute with the victim E (nive, 44 years old) who had a same-sex in the inside room of the Defendant’s operation of the Defendant in Ulsan-gu, Ulsan-gu, Seoul-do, and was under influence of alcohol, while the Defendant was under dispute with the victim.

It brought about a knife (20cm in knife length) which is a dangerous object that had been located on the main part of the knife, and brought about the victim's clothes once by the knife, which require about five weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Each police statement made to E and F;

1. A written statement;

1. Reports on internal investigation and investigation reports;

1. A statement and a record of the processing of reported cases;

1. Each photograph;

1. Application of Acts and subordinate statutes on seizure records;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 48(1)1 of the Confiscation Criminal Act is that the crime of this case where the defendant, knife, suffers a relatively heavy wound of the victim, is not good.

On the other hand, in agreement with the victim, the injured person does not want the punishment of the defendant, and the defendant has no record of punishment for the same kind of crime in addition to the one-time fine.

The punishment is determined as ordered in consideration of the above circumstances, the defendant's age, sex, environment, etc., and all of the sentencing conditions.

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