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(영문) 울산지방법원 2020.05.22 2019고단3022
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 09:40 on May 19, 2019, the Defendant, within a multi-household housing room in Ulsan-gu, B, the residence of which is located in Ulsan-gu, a branch of B, and the victim D (n, 41 years old) who is the above B and B's branch of B, etc., performed drinking with the victim, the Defendant got 1 the victim of a tree material, which is a dangerous object due to a dispute between the victim and the victim, and sustained the victim's head two times by having 1 disease of the dangerous glass material, which is a main of the dangerous glass material, taken twice the victim's head, and caused the victim's injury "a two-day open head" in need of medical treatment for about two weeks.

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 285-2 (1) and 257 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).

3. The sentence shall be determined as ordered in consideration of various sentencing factors, such as the Defendant’s confession of the instant crime, the fact that there is no record of punishment exceeding the fine, the fact that the victim has paid one million won to the victim, the Defendant’s age, environment, motive for the instant crime, means and consequence of the instant crime, and the circumstances after the commission of the crime.

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