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(영문) 울산지방법원 2021.02.05 2020고단4483
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

Punishment of the crime

The defendant and the victim B ( South, 64 years of age) are between siblings.

On October 8, 2020, the Defendant, at around 10:30 on October 10, 202, suffered bodily injury, such as an open wife, etc., in need of medical treatment for about 14 days, in the case of a tree saving room (no. 30cm in length), where the Defendant had a horse or dispute with the victim due to a question of gathering the mother who is suffering from ambal in Ulsan-gu C.

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 against B;

1. A photograph of damaged part of the victim;

1. Photographs of criminal tools;

1. Application of Acts and subordinate statutes of the written diagnosis of injury to victims;

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 (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (resumed normal conditions favorable to the above defendant) of the suspended sentence;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types] of special bodily injury and repeated injury [the category 1] special injury [the mitigated sentencing person] and where special injury (including serious efforts to recover damage) or considerable partial damage is recovered, [ the scope of the recommended punishment and the scope of the recommended punishment] mitigated area, April through one year [the scope of the recommended punishment corrected according to the applicable sentencing range] sentenced to six months of imprisonment (the lowest limit of the applicable sentencing range recommended by the sentencing guidelines is in conflict with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence is a disadvantageous condition that the defendant gets the head of the victim by sealing about about 30 cm in length of the body and is not good in light of the method of the crime or the attitude of the crime.

However, the defendant has been punished for a long time by a fine.

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