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(영문) 울산지방법원 2020.04.21 2019고단5335
특수상해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a Chinese national who has worked in C construction in Ulsan-gun B, Ulsan-gun.

On November 27, 2019, at around 23:45, the Defendant, while drinking alcohol together with franchisium D in Ulsan-gun, suffered bodily injury, such as damage to finites and other blood transfusions that require approximately three weeks of treatment to the victim, while drinking alcohol with finites and finites and finites attached thereto, and finites and finites and fins, which are dangerous objects in the above E.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as site and photographs of damage;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Scope of the recommended punishment according to the sentencing guidelines (determined of types) [the scope of the recommended punishment according to the sentencing guidelines] of special injury, repeated injury [the category 1] special injury [the scope of the recommended punishment] - the mitigation area of punishment [the scope of the recommendation area and the recommended punishment], and four months to one year [the scope of the corrected punishment according to the sentencing guidelines] imprisonment for six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and therefore the applicable sentencing range is set according to the law).

3. The sentence shall be determined as ordered by taking into account all the circumstances revealed in the records, such as the fact that the defendant's decision of sentencing acknowledges and reflects his mistake, the agreement with the victim, the violation of the Punishment of Minor Offenses Act, the fact that there is no previous conviction except for those of which indictment has been suspended once, the part and degree of injury, the age of the defendant, character and conduct, environment and circumstances after the crime, etc.

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