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(영문) 울산지방법원 2017.10.11 2017고단1686
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is between the victim B (41) and the victim B (41).

1. On February 17, 2016, the Defendant injured the victim by hand on the ground that at D main points located in Ulsan-dong, Ulsan-gu, U.S., U.S., U.S., U.S., U.S., the Defendant took an attitude of disregarding the victim when the victim is dead, and caused the Defendant’s injury in need of treatment for a period of one day.

2. From around 23:00 on November 20, 2016, the Defendant: (a) while drinking with a sin person, on the ground that the victim asked a person who is not good for the link with the Defendant; (b) taken the victim’s left part of the alinium, which is a dangerous object; (c) collected the victim’s alinium, into the front part of the alinium; and (d) caused the injury of the alinium and the tension with the other parts of the alinium that require treatment for about one week by hand when taking her hand at one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Statement made by the prosecution on the prosecution (not more than 36 pages of the investigation records);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 257 (1) of the Criminal Act, special injury upon the option of punishment for the crime: Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reduction of a small amount (referring to the advantageous part of the reasons for sentencing as follows) under Articles 53 and 55(1)3 of the Criminal Act

1. Reasons for sentencing under Article 62(1) of the Criminal Act (referring to the part favorable to the following reasons for sentencing)

1. Sentencing [Scope of Recommendation] General Sentencing (Scope of Recommendation) : Observance of the lower limit is given on the grounds that the lower limit was not set in the sentencing criteria for special injury (1 and 4) in the mitigated area (2 months to 1 year); and

2. Based on the above sentencing criteria, the sentencing factors, such as the following circumstances, the defendant's age, sex, environment, motive for the crime, and the minimum statutory penalty for special injury, shall be determined as ordered.

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