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(영문) 울산지방법원 2019.07.10 2018고단2644
폭행치상
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 4, 2018, around 23:30 on July 4, 2018, the Defendant drinked alcoholic beverages in front of the ‘C' restaurant located in Ulsan-gu B, Ulsan-gu, Ulsan-do, along with the victim D(42 years of age) and the above restaurant, and went out of the restaurant to smoke in a maximum state. The victim went out of the restaurant to reach a compromise with the Defendant.

The Defendant, while smoking a cigarette with the victim, dumped the tobacco that the victim was able to see with the defect of the story, dumped the Defendant’s arms to enter a restaurant again, and dumped the Defendant’s arms to the victim as “non-taxation of tax base” and dumpeded the victim’s arms and legs, and dumped the victim’s arms to dump the bridge, and dump the dump the dump of the victim’s arms, and dumped the victim’s arms to dump the dump of the kump of the upper part

Summary of Evidence

1. Court statement of the defendant (the seventh court date);

1. The recording of statements made by witnesses D in the third protocol of trial;

1. Photographs of the body part of the victim;

1. Application of Acts and subordinate statutes to report internal investigation (referring to attachment of a medical certificate for a victim);

1. Relevant provisions of the Criminal Act and reasons for sentencing of Articles 262, 260 (1) and 257 (1) of the Criminal Act that choose the penalty for the crime;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing criteria for violent crimes [Type 2] the injury by assault and bodily injury (special appearance] increased factors: serious injury (category 2 and 4): the area of aggravated injury (the area of recommendation and the scope of recommended punishment] increased, six months through three years.

3. In full view of the fact that the defendant who was sentenced to the sentence of this case led to the confession of the crime of this case and was divided, but the degree of damage caused by the crime of this case is relatively significant, the defendant did not agree with the victim up to the present day, and the circumstances surrounding the accident of this case and the following circumstances, it is inevitable to punish the

The age, character and conduct, the environment, and the relationship and means with the victim of the defendant.

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