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(영문) 울산지방법원 2020.01.30 2019고단2887
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 a victim B (n, 24 years of age) and a relationship with the victim B.

At around 14:08 on July 26, 2019, the Defendant, at the house where the Defendant and the victim live together, was aware of the victim’s cell phone and found the message sent in a different manner with another male, thereby avoiding the wind, thereby causing bodily injury to the victim, i.e., the Defendant, “I would know why homicide would occur........................., the Defendant,” “I will know why homicide would occur....................,” the Defendant 1st floor, in accordance with the principle of the victim’s head debt, she forced the victim to take off, and forced him to take care of about 3 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to injury diagnosis certificates and 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. Order to attend lectures under Article 62-2 of the Criminal Act;

1. The fact that the reason for sentencing under Article 48(1) of the Criminal Act is acknowledged, the fact that it is a contingent crime, the degree of injury is not much severe, and the fact that the victim agreed with is favorable to the defendant.

On the other hand, the criminal committed during the probation period is disadvantageous to the defendant.

Other factors of sentencing, such as the defendant's age, environment, motive of crime, etc., shall be determined as per the disposition.

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