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(영문) 울산지방법원 2019.09.18 2019고단1747
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 09:00 on April 24, 2019, the Defendant performed alcohol together with the company’s debt, including the victim D(61) working at the same proxy driving company located in Ulsan-gu building B, Ulsan-gu, 00, on the ground that the victim said that “the victim was “the victim of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and that the victim was “the victim of bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and the Defendant sustained the victim’s math, thereby causing the injury to the right end part where the victim’s treatment days cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of statutes on site photographs;

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 for discretionary mitigation;

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

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 determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [ the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence shall be made within the scope of the recommended sentence according to the sentencing guidelines, comprehensively taking into account all the circumstances shown in the records, such as the accused's age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, etc., that the accused has led to the confession of the crime in this case and has divided him into consideration.

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