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(영문) 울산지방법원 2021.03.26 2020고단2288
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 04:30 on April 19, 2020, the Defendant, while drinking alcohol in Ulsandong-gu B, brought a dispute over the Defendant’s funeral ceremony in relation to the victim’s father, and the injured person, who did not enter the victim’s father’s funeral ceremony, brought about the victim’s face over by making the victim’s breath with the breath’s breath by hand. The Defendant dumped the victim’s face, and dump support for the crops (such as a material of Aluminium, approximately 120cm in length, about 20cm in diameter, and about 20cm in diameter), which are dangerous things with a chemical part, brought about the victim’s face on hand.

As a result, the Defendant carried dangerous things and inflicted bodily injury on the left part of the eyebrow which could not be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A photograph of the upper part of the body;

1. Photographs of a CCTV image at the scene of the crime and at the scene of the crime;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

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 (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (resumed normal conditions favorable to the above defendant) of the suspended sentence;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] Special injury [the scope of the recommended punishment and the scope of the recommended punishment] special injury [the person who is subject to special sentencing]: Reduction area of punishment [the scope of the recommended punishment], reduction area of punishment, April to one year [ the scope of the recommended punishment revised according to the sentencing guidelines] six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines are inconsistent with the minimum limit of the applicable sentencing range under law, and thus the minimum of the applicable sentencing range under law is inconsistent with the applicable sentencing range).

3. Determination of sentence: The method of committing the crime, which has inflicted an injury on property dangerous to six months of imprisonment or two years of suspended sentence;

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