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(영문) 울산지방법원 2020.06.19 2019고단4293
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 14, 2019, at around 00:30, the Defendant had talked about 43 years of age with the victim D (the son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn' kn's kn's kn's kn's kn

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to field photographs, kniff photographs, victim body photographs;

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Six months to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated crime injury [the first category] special injury [the special person] mitigation element] or considerable damage is recovered (including serious efforts to recover damage): the mitigation area of punishment (the scope of the recommended sentence and the recommended sentence], the mitigation area of imprisonment from April to one year [ the scope of the recommended sentence revised according to the applicable sentence] six months to one year (the lowest limit of the sentencing range recommended by the applicable sentence under the law is inconsistent with the minimum limit of the applicable sentence under the law, so the lower limit of the applicable sentence under the law is inconsistent with the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for 6 months and 2 years of suspended sentence, the nature and motive of the crime, the contents and form of the crime, and the means of the crime, etc. are not less and less likely to be subject to criticism, and the crime is also to be committed.

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