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(영문) 울산지방법원 2017.05.18 2016고단4474
상해등
Text

A defendant shall be punished by imprisonment for not less than five months.

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

(e).

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On July 8, 2016, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for an injury at the Ulsan District Court, and the said judgment became final and conclusive on October 21 of the same year.

【On September 1, 2016, the Defendant: (a) 22:25 on September 1, 2016, the victim D (73) located in Ulsan-gu, Ulsan-gu, and (b) on the ground that the Defendant’s demand to enter a route behind the house was refused by the said D; (c) marbling the body of the said victim by hand; (d) marling the body of the said victim E (V, 66 years old), the spouse of the said D, who was the said D’s spouse; and (e) maring the breath of the victim F (44 years old) that was the said D’s son’s son’s her flab, and strokeing the breath and strokeing the said D’s son.

As a result, the Defendant added to the above D and E multiple scopic scopic typiles, etc. which require treatment for about 13 days, and put about approximately 2 weeks to the above F with high tensions, tensions, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. Each police statement made to H and G;

1. Image photographs taken by each H;

1. Each injury diagnosis letter;

1. Previous convictions: Inquiry into criminal history, confirmation of previous convictions and reports on criminal records, reporting on criminal investigations (report on confirmation of criminal records), and application of each statute of the judgment;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 257 of the Criminal Act, and the choice of imprisonment;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is that the defendant, who is a neighboring resident, inflicted an injury upon his failure and disturbance while making an unfair demand to the victim, which is a neighboring resident. In light of the motive and circumstances of the above crime, the nature of the crime is not easy, and the defendant has been punished more than 10 times as a similar crime, and the crime of this case is committed in the course of trial due to the same kind of injury. It is very unfavorable.

However, the extent of injury and assault is not significantly significant, and there is an agreement with the victims before the pronouncement of this case, and the above case becomes final and conclusive.

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