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(영문) 울산지방법원 2016.11.24 2016고단2233
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On January 12, 2016, the Defendant was sentenced to one year and six months of imprisonment with prison labor and three years of suspended execution at the Ulsan District Court for the crime of extortion, etc., and is currently under the grace period, which became final and conclusive on January 20, 2016.

【Criminal Facts of Crimes” around 22:40 on April 10, 2016, the Defendant, while drinking alcohol at “E” main points located in Ulsan-gu, Ulsan-gu, U.S., U.S., U.S., the Defendant left to the tables that the victim F (28 years of age) was sitting, and the victim resisted against it, she frighted on the tables that the victim was in danger on the tables, and she flicked the victim’s head part of the victim’s head.

The defendant continued to gather disease, which is a dangerous thing that had been located therein, and tried to get off the body of the victim's head into several times to prevent the victim's loss.

The Defendant carried dangerous things with the victim, thereby causing injury to the victim, such as cutting down the foundation of the fingers, which requires medical treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant is attempting to commit a crime and reflects the fact that he/she does not want the punishment against the defendant, and even considering the fact that the victim paid a considerable amount to the victim and agreed that he/she does not want the punishment against the defendant, the sentence is inevitable as a crime committed without being aware of the defendant during the suspended execution period due to the previous conviction, but the sentence of the lower penalty among the applicable sentences should

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