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(영문) 울산지방법원 2017.10.11 2017고단2432
상해
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

On June 10, 2017, around 06:05, the Defendant inflicted injury on the victim C (48 years) who is a workplace partner and on the ground that he/she was in dispute with the acquisition of the workplace vehicle system, the Defendant she saw the victim as a one-time driver, and carried the victim into the vehicle by breabing the breath in his/her hand, and caused the victim by breaking the floor above the floor and damaging the victim into the breath, thereby requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The sentencing criteria [the scope of recommended punishment] general injury area (two months to one year) (the person subject to special mitigation] is not subject to punishment;

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

The favorable circumstances: The confession and rebuttal, and the fact that the injured party does not want the punishment of the defendant in agreement with the injured party.

1. Unfavorable circumstances: A wide range of criminal records of violence and the short interval of crimes;

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