logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2021.01.15 2020고단2477
특수폭행등
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 08:00 on April 15, 2020, the Defendant heard that the victim D (26 years of age) who performed drinking together expressed his desire to “C’s drinking” at the point of “C” located in Nam-gu, Ulsan-gu, Ulsan-gu, U.S., and sought from the Defendant, “S.C.” (26 years of age), and collected an empty drinking water disease, which is a dangerous object under the table, several times to the victim D, so that it would be fit for the victim’s hand and head, and the subsequent head of E (22 years of age) was faced with approximately two weeks of the victim E (22 years of age) where treatment is required.

Accordingly, the defendant, carrying dangerous objects, assaults the victim D and inflicted an injury on the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements of D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (E);

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special assault and choice of imprisonment with labor) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;

1. Scope of applicable sentences under law: One to fifteen years of imprisonment;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Bodily Injury) (Determination of Type) No. 1 (Special Bodily Injury) (No. 1) Special Bodily Injury or Cumulative Bodily Injury [The Category 1] Special Bodily Injury (the scope of recommendations and recommendations] (the scope of recommendations and recommendations] basic area, six months to two years;

(b) No crime No. 2 (Special Violence) / [Determination of Type] Violence / [Type 6] / Special Violence / Special Assault / [Scope of Recommendation and Recommendation] / The basic area of the crime, imprisonment with labor for April to October 10.

(c) Scope of punishment recommended according to the standards for handling multiple crimes: Six months to two years of imprisonment (the maximum of crimes No. 2).

(d)in penalty;

arrow