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(영문) 울산지방법원 2020.08.20 2020고단604
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the friendship of the victim B(23 years of age).

At around 05:50 on February 4, 2020, the Defendant, while drinking alcohol in Yangsan-si C2nd D 7th floor in Yangsan-si, suffered an injury to which the number of days of treatment can not be known, such as the victim’s left head was unloaded once, on the ground that the victim had his own respect injured himself.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant suffered from a minor's head due to the minor's illness, and thus, the crime is more serious.

In addition, considering the fact that the defendant had been smoothly agreed with the victim and that there is no criminal history, the sentence against the defendant shall be determined as ordered by taking into account all kinds of sentencing conditions, including the defendant's age, environment, and circumstances after the crime.

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