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(영문) 울산지방법원 2020.08.12 2020고단1809
특수상해
Text

A defendant shall be punished by imprisonment for six 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 18:00 on April 3, 2020, the Defendant, while drinking alcohol together with the victim at the house of the victim D (man, 53 years old) located in Ulsan-gu B building C, Ulsan-gu, the Defendant carried a dangerous object and inflicted injury on the victim on the part of the victim, on the ground that the victim was frightd for the reason that he did not fit the Defendant’s political opinion, and that the latter fright was frighted for the reason that he did not fit the Defendant’s political opinion. However, the Defendant sustained the victim by carrying a dangerous object, such as double tension, where the victim’s head cannot be identified.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs, images of the upper part of the victim, etc., investigation reports (Attachment to the body and clothes of the suspect, and the body of the victim and the body of the victim), photographs, investigation reports (Attachment to a written request for cooperation in investigation by a doctor of an E hospital), application of statutes to cooperation;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Fully considering the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant agreed with the victim; (c) the Defendant’s age, character and conduct; (d) the environment; (e) relationship with the victim; (e) the motive, means and consequence of the crime; and (e) the circumstances after the crime

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