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(영문) 울산지방법원 2019.05.22 2018고단3452
특수상해
Text

A defendant shall be punished by imprisonment for 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 02:00 on March 2, 2018, the Defendant: (a) mistakend the victim D(27 years of age) to be friendly E and raped within the fourth floor of the building Nam-gu, Ulsan-gu, Seoul-gu 2018 “C” with the victim’s abusive view that “Is theme E” means “Is theme why Isday E”; (b) took place on the spot when Is the face of the victim who was frighted in drinking; (c) took the face of the victim more than once again; (d) fright the victim’s face, which is a dangerous object on the table of the victim; and (e) fright the victim’s face, fright the victim’s face, fright the head, and fright the head, fright, head, and fright, and fright the victim’s body, and fright the victim’s body, fright the victim’s body, and fright the victim’s face, “.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes submitting investigation reports (as to statements by shots) and reference materials;

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. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] of violent crimes: Special Bodi Injury [the Category 1] Special Bodi Injury (Special Contributor) - Reduction element: In cases where punishment is not imposed (including serious efforts to recover damage) or considerable damage is recovered, (the scope of recommending and recommending punishment) mitigation range, imprisonment with prison labor for April to one year.

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