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(영문) 울산지방법원 2016.07.19 2016고단1836
상해
Text

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

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

Reasons

Punishment of the crime

On March 13, 2016, the Defendant: (a) 21:30 on March 13, 2016, and (b) 202 around Ulsan-gu B 202, and (c) 1:0 on March 13, 2016, the Defendant got out of the floor of the Victim C (59) and went out of the body of the Victim, and went out of the face of the Victim’s body, and had the victim’s eye around the left eye where the period of treatment cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs of injuries;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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

1. Class 1 (General Sentencing) (Special Sentencing) mitigated element of the recommendation of the sentencing guidelines: The victim does not want the punishment of the defendant (the person who is subject to a sentencing): The serious half of the punishment [the scope of the recommended punishment] / the period between February and one year (the area of mitigation of sentence) / The main reasons for the suspension of execution / The comprehensive comparison and evaluation of the reasons for the suspension of execution - The main reasons for the suspension of execution - The main reasons for the affirmative consideration: The victim's failure to want the punishment of the defendant - The main reasons for the suspension of execution - The victim's failure to want the punishment of the defendant : At least twice adverse general circumstances - the period of suspension of execution - the reasons for affirmative consideration : The serious half of the punishment:

2. The execution of a sentence shall be suspended considering the following: (a) additional considerations are taken into account: (b) the fact that the Defendant repeats a crime involving violence; and (c) the victim is much older than the Defendant; and (d) the fact that the victim and the victim have agreed smoothly with the victim.

3. Six months of imprisonment with prison labor and one year of suspended sentence;

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