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(영문) 울산지방법원 2018.11.06 2018고단2361
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Costs of lawsuit shall be borne by the defendant.

Reasons

Criminal facts

The defendant and the victim B(n, 40 years of age) have been living together in the past.

On August 6, 2018, around 23:10 on August 6, 2018, the Defendant found the victim's D main points in Ulsan-gu C, Ulsan-gu, where the victim works, and caused the victim's left hand by failing to get a telephone, and caused the victim's injury to be able to have the victim's creamed on one occasion after having clicked the victim's click, and met the victim's clock.

As a result, the defendant, while carrying dangerous things, committed an injury to the victim as a complete escape that requires about four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to CCTV images, photographs, and written diagnosis of injury;

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 186(1) of the Criminal Procedure Act, which bears the costs of lawsuit;

1. The basic area (six months to two years) of the scope of punishment recommended according to the sentencing criteria, special injury, and repeated injury;

2. The circumstances favorable to sentencing grounds: The defendant reflects the crime of this case and other unfavorable circumstances: The defendant's name and behavior is not good in light of the method and result of the crime that the defendant prices the face of the victim living together with the female, which is a dangerous article, and suffered injury requiring four weeks' medical treatment. In particular, the defendant's character and behavior are not good, and even though the victim's suffering and shock is considerable, it appears that the defendant did not make any effort to recover damage, and there are several criminal penalties against the defendant, and the defendant has many times of criminal punishment, etc., the punishment shall be determined as per the order, taking into consideration all other factors factors such as the defendant's age, sex, motive, means and result of the crime and the circumstances after the crime, etc.

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