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(영문) 울산지방법원 2018.11.16 2018고정859

상해등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 14, 2014, the defendant married with the victim B (V, 44 years old) and is currently under separate occupation.

1. On July 15, 2018, the Defendant destroyed property: (a) discovered that a vehicle of the victim was parked at the first floor parking lot of the building D, Dong-gun, Ulsan-si, Ulsan-si, Ulsan-si; (b) opened a door by using the key of an auxiliary vehicle owned by the victim; and (c) opened and entered the door on the ground of the victim’s complaint against the victim.

Accordingly, the defendant damaged the car owned by the victim to be equivalent to 496,720 won of the repair cost, thereby harming its utility.

2. Around 08:00 on the same day, the Defendant was waiting for the victim to leave from the corridor in front of the residence of the victim of the above C Building F on the same day, while G, who is the seat of the victim, opened the entrance door and opened a creture and entered the house to enter the house without the consent of the victim.

Accordingly, the defendant infringed upon the victim's residence by entering the victim's residence against the victim's will.

3. The injured Defendant discovered the victim at the time and place specified in paragraph 2, and prevented the victim from walking the right chest part of the victim, and from reporting on the police with a cell phone, and blicked two times with the hand floor.

As a result, the defendant put the victim a scarcity of a scarke wall that needs to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Application of a medical certificate of injury (B), vehicle repair receipt, vehicle photography statutes;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act (the point of intrusion upon residence), Article 257 (1) of the Criminal Act, and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;