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(영문) 울산지방법원 2014.08.28 2014고단1889
상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who was sentenced by the Ulsan District Court on July 29, 2011 to two months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act, and one year and six months of imprisonment with prison labor and has completed the execution of the sentence on November 27, 2012.

At around 14:00 on May 23, 2014, the Defendant, at 10 Dong Dong-dong 4, Ulsan-gun, Ulsan-gun, U.S., U.S., U.S. on 14:0, 2014, brought a dispute with the victim B (39 years of age) who is the same inmate in the same room, and did not correct the satis while entering the movement, and led the victim's face by taking the bat of the victim's satch, leading the victim's face two to three times.

On the other hand, the Defendant continued to have such violence as above, 2-3 times kneee knee knee knee knee knee knee knee knee kne.

As a result, the Defendant abused the victim and inflicted injury on the victim, such as the closure of the inner wall and the internal wall requiring treatment for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of reference witnesses of D, C, and E;

1. A criminal investigation report (Submission of a suspect's medical certificate);

1. Investigative report (Submission of suspect B medical records);

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a copy of the judgment), and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article 257 (1) of the Criminal Act concerning the facts constituting the crime, and imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] general injury (the general injury) category 1 (6-2 years) and the aggravated area (6-2 years) (a special mitigation) where the victim is fully responsible for the occurrence of a crime or the expansion of damage / In the case of a victim, serious injury (a sentence 1-4), the defendant recognizes a criminal act, the victim expressed his/her intention that he/she does not want the punishment of the defendant, and the crime of this case is committed for the minor reason that the victim is not guilty.

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