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(영문) 울산지방법원 2018.09.13 2018고단1796
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On December 12, 2017, the Defendant, within the “E” located in Ulsan-gu, Ulsan-gu, U.S., on December 23:3:34, 2017, while drunkd with a restaurant employee, on the ground that the victim F (31 tax) who is a workplace partner was fluorcated, was fluored, on the ground that the victim F (31 tax) was fluorcing it, he was fluored by the right side and the left-hand side of the flusium in need of approximately six weeks medical treatment for the victim's drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Where the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] general injury [the scope of recommended punishment] [the person subject to special mitigation] is also responsible for the occurrence of a crime even to the victim (the person subject to special mitigation] in the mitigated area (the victim, who is an employee of the collaborative company, bears both the 1 and 2 drinking values in the situation where the defendant, who is an employee of the collaborative company, bears all the 1 and 2 drinking values, pays the third national number and 10,000 won in the table.

In addition, money was collected as a road without the defendant.

Although the defendant, who was aware of the fact that the victim brought about the above 10,000 won on the road, started dispute with his/her employee, the victim did not immediately disclose the fact that he/she brought money to the road and did not calculate the food value.

If the victim promptly explained his/her portrait and misleads his/her whereabouts, the dispute between the victim and his/her employee, and further, the crime of this case seems not to have occurred. [Determination of sentence] The degree of injury is not somewhat less and the victim is not subject to punishment, so a sentence of imprisonment is selected.

Provided, That in consideration of the fact that the defendant has no particular criminal record, reflects by contingent crimes, deposit of KRW 5 million for the victim, and the fact that the victim is responsible for the occurrence of the crime, etc., the punishment shall be determined as per the order.

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