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(영문) 울산지방법원 2018.04.04 2017고단4209
특수상해
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for three months.

However, from the date this judgment becomes final and conclusive, each one year.

Reasons

Punishment of the crime

1. On August 31, 2017, the Defendant: (a) 16:50 around Ulsandong-gu E, and (b) 16:50 around the F Mart, the Defendant expressed a desire to the Defendant, and (c) her the victim B (65 years of age) in front of the F Mart, expressed his desire to do a dispute; (b) her face at the time of the victim’s taking the back of the beer’s head; (c) her head was two times; and (d) her shouldered the shoulderer’s disease, which is a dangerous object, was raised at the fourth hand of the victim’s right.

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

2. Defendant B, at the same time, at the same place as described in paragraph 1, inflicted an injury on the victim A by drinking while disputing the victim A (58) at the same time and place as mentioned above, having the victim take the face of the victim and having the victim fall short of one.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes on photographic data;

1. Relevant legal provisions and Articles 258-2(1) and 257(1) of the Criminal Act, Defendant B’s Article 257(1) of the Criminal Act, Defendant B’s choice of imprisonment, and choice of punishment for a crime

1. Reduction of volume (see favorable circumstances among the following reasons for sentencing) Defendant A’s Article 53 and Article 55(1)3 of the Criminal Act

1. Reasons for sentencing under Article 62(1) of the Criminal Act by the Defendants of the suspended sentence (see, e.g., circumstances favorable to the following reasons for sentencing)

1. Defendant A’s sentencing criteria is not set.

The circumstances favorable: The defendant, in agreement with the victim that he/she made a statement that he/she is confession and in depth, does not want the punishment of the defendant, and even if he/she did not have any previous record since 2008, he/she was sentenced to suspended sentence due to violent crimes committed in place of very dangerous crime committed by the victim in the course of fighting with the victim.

2. Defendant B’s sentencing guidelines [the scope of recommended punishment] General Injury (the scope of recommended punishment) (2 months to 1 year) in the mitigation area (a person with special mitigation)] (a person with special mitigation) is confession and reflect in depth.

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