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(영문) 울산지방법원 2014.11.28 2014고합285
중상해
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

Around 18:50 on March 21, 2014, the Defendant, while under the influence of alcohol, expressed the desire to “E” in front of the “E” located in Ulsan-gu, Ulsan-gu, U.S., U.S., U.S., U.S.A., for drinking alcohol at a restaurant near the relevant place, and she was flicked by the victim F.F. (the age of 71) who was dissatisfied with drinking expenses. In doing so, the Defendant was able to brea the victim’s breath by drinking breath, pushed the victim’s breath, was pushed back with each other, and then the Defendant continued to breath the victim’s breath by using the victim’s left arms on the back of the breath, and breath, G et al. around the breath, and breathed with the victim’s breath by having the victim park in excess of the victim’s body.

As a result, the defendant suffered from injury such as damage to drillings that require about 92 days of treatment, thereby causing the victim to be infinited.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Police suspect interrogation protocol regarding F;

1. A medical certificate, medical certificate, and medical opinion;

1. Application of statutes on photographs of images;

1. Article 258 (1) of the Criminal Act applicable to the crime;

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

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Where an intentional injury is committed in the mitigated area (from March to one year and six months) (special mitigation) (including special mitigation) of the mitigated area, the application of the sentencing guidelines [the scope of recommending punishment] general bodily injury shall be limited to the mitigated area, and where an intentional injury is committed on the part of the unpaid persons, the penalty shall not be limited (including efforts that have been advanced for recovery of damage);

3. The crime of this case in which a sentence of sentence is determined is committed by the Defendant, who frightened and frightened the victim F and alcohol and frightened with each other, and the head of the victim was parked together with the victim during the frighten and pusheded and pusheded with the victim, resulting in the death of the victim.

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