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(영문) 울산지방법원 2017.12.08 2017고단3720
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On October 8, 2017, the Defendant: (a) at the main point of “D” located in Ulsan Nam-gu, Ulsan-gu; (b) on the ground that the victim E (31) who was seated in the marb, while drinking mixed alcoholic beverages, she saw the Defendant as bad; (c) on the ground that the victim E (31) seated in the marb, while drinking mixed alcoholic beverages, she saw the Defendant as a part of his/her hand, and her head part of the victim’s head, which is a dangerous object on the marb, was cut back once by her hand; and (d) the victim inflicted an injury on the victim, such as “two open skins” in need of two weeks medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A victim's portrait, beer's photograph, beer's disease photograph, field photograph, and CCTV photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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 to mitigate small amount;

1. According to Article 62(1) of the Act on the Suspension of Execution, considering the fact that the defendant's reason for sentencing under Article 62(1) of the Criminal Act is a dangerous empty beer and has committed a crime by attacking the victim's head by committing a dangerous beer, but only agreement with the victim was made, and that there was a misunderstanding against the victim, and that there was only one time of fine due to a violation of the Road Traffic Act in the year 2001 prior to the instant case, the punishment is determined as ordered.

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