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(영문) 울산지방법원 2020.04.08 2020고단214
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 44) are between the workplace rent and the victim.

At around 22:00 on December 26, 2019, the Defendant, while drinking alcohol with the victim in a D restaurant located in Ulsan-gu, Ulsan-gu, Seoul-gu, the Defendant’s refusal to hear from the victim, took one 500cc beer flick, which is a dangerous object on the the table table, and 500cc beer flick in the victim’s head, caused the victim to suffer an injury in the number of days of treatment in which the head can tear about 20cm.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes governing the photograph of the victim, the victim's wife photograph;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated crime injury [the first category] special injury [the special person] mitigation element] or considerable damage is recovered [the scope of the recommended sentence and the recommended sentence] mitigation area, imprisonment for four months to one year [the scope of the recommended sentence revised according to the applicable sentencing guidelines] for six months (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the applicable sentencing guidelines under the law, because the lowest limit of the applicable sentencing range is inconsistent with the applicable sentencing range under the law, the applicable sentencing range shall be set according to the applicable sentencing range).

3. Determination of sentence shall be made as ordered in accordance with the sentencing guidelines, comprehensively taking into account all the circumstances shown in the records, such as the confession of the criminal act in this case, the fact that the criminal defendant has agreed with the victim, the fact that the criminal defendant is the first offender, the defendant's age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, etc.

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