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(영문) 울산지방법원 2021.03.12 2020고단3673
상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

Around 03:30 on July 12, 2020, the Defendant was living in front of Ulsandong-gu B, Ulsandong-gu, and caused a dispute with the victim C (the victim C, 43 years of age)'s behavior and vision. Abrecing the victim's face by drinking, the victim's face is over one time, and two times the victim's face is over two times, and the victim suffered an injury, such as spatha, which requires approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Two copies of a standing photograph;

1. On-the-spot report (CCTV verification);

1. Application of Acts and subordinate statutes to report on investigation (Attachment of documents submitted to victims, such as a medical certificate for injury);

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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

1. Scope of punishment by law: Imprisonment with labor for one month to seven years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the general injury [the category 1] general injury [the person subject to special sentencing] mitigated element of punishment: the injury (the area of recommendation and the scope of the recommended punishment] among the increased factors of punishment: The basic area of injury (the area of recommendation and the scope of the recommended punishment], April through June.

3. A normal defendant who is favorable to the decision of sentence has been punished by a fine for a crime of another type twice; and

It seems that the defendant is recognized as a crime and is against the social relationship.

In agreement with the victim, the injured person does not want the punishment of the defendant.

In this case disadvantageously, the defendant is not guilty of having inflicted serious bodily injury on the victim by taking two times the face of the victim who is not able to resist because he/she had already been used in the face of the victim.

The victim seen considerable physical and mental damage caused by the instant case, and claimed a large amount of suffering therefrom.

In addition, the records and arguments, such as the age, sex, motive and consequence of the crime, and the circumstances after the crime, are shown.

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