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(영문) 울산지방법원 2018.11.30 2018고단2726
상해
Text

Defendant

A Imprisonment for 4 months, and Defendant B shall be punished by a fine of 1,000,000 won.

Defendant

B The above fine.

Reasons

Criminal facts

1. Defendant B, on July 5, 2018, 21:20, while drinking alcohol together with the Victim FF (61 years of age) in E Carpet in Ulsan-gun, Ulsan-gun, U.S., Defendant B, who had a dispute with the Victim F (61 years of age), was tightly pushed down the part of the Victim’s neck with both descendants, and suffered injury to the Victim, such as chilled salt, tension, etc. for about two weeks of treatment.

2. At the time and place specified in paragraph (1), Defendant A, by setting up against the above injury of the victim G (57 years) at one time, was suffering from the victim’s hair by drinking, was tightly pushed down the victim by hand, and when the victim’s booms with his hand, thereby causing damage to the victim’s boom that requires approximately two weeks of treatment.

Summary of Evidence

1. The legal statement of Defendant A and some of Defendant B’s legal statement

1. Statement made by the police with H;

1. A report on occurrence of a crime;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

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

1. Selection of a penalty against Defendant A, who is punished by imprisonment and a fine against Defendant B

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A who is an order to observe the protection: Article 62-2 of the Criminal Act;

1. Defendant B’s order of provisional payment: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Defendant A [Determination of Type] (A) No. 1 (General Injury) of the General Injury to Defendant A [Special Sentencing Person] - [Determination of the territory of recommendation] The mitigated area of mitigation [the scope of recommendation] - February or 10 [the main reason for suspension of execution] The main reason for consideration: negative identical criminal records (not less than a five-year suspended execution] - The positive reason for suspension of execution is not positive punishment - The reason for general consideration: At least two times, the previous convictions for suspension of execution (decision of sentence) are considered along with the above sentencing factors, such as the degree of violence and injury of Defendant, the background of the crime, large number of violent power of the Defendant, and reflectivity.

2. The degree of Defendant B’s injury, agreement, circumstances leading to the commission of the crime, the history of the punishment, and reflectivity

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