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(영문) 울산지방법원 2021.02.02 2020고단5195
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 1, 2020, the Defendant, at the main station located in Ulsan Metropolitan City, Nam-gu, Seoul on August 1, 2020, caused two main diseases, which were dangerous objects from the scene, to the head of the victimized person, caused approximately two weeks of treatment to the victim, on the ground that the Defendant did not go to the victim D ( South and 40 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Investigation report (to be accompanied by suspect D treatment sets and nursing work sites);

1. Medical treatment, etc.;

1. Application of Acts and subordinate statutes to the site and suspect DNA images;

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 to mitigate small amount;

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 [type 1] Special Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis [Special Sentencing Person] - mitigated elements: In the area of mitigation [the area of recommendation and the scope of the recommended punishment], the area of mitigation of punishment [the scope of the corrected punishment according to the sentencing guidelines] from April to one year [the scope of the recommended punishment as corrected according to the sentencing guidelines] from June to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is in conflict with the statutory minimum limit of the sentencing range, and it is in accordance with the statutory minimum limit of the sentencing range] - Reduction elements: In serious reflect [The grounds for suspension of execution] - Major grounds for suspension of punishment: In cases where a person commits a crime by carrying dangerous articles: there is no clear social relation, contingent crimes, serious reflects against the execution period, or any criminal record beyond the sentence execution period.

3. Determination of sentence: The circumstance that the defendant, along with the elements of sentencing as seen above eight months of imprisonment and two years of suspended sentence, has a record of being sentenced to several fines for the same kind of violent crime, and the sentencing conditions shown in the records and arguments, such as the defendant's age, sexual conduct, motive and consequence of the crime, and circumstances after the crime, etc., are attached.

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