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(영문) 울산지방법원 2014.12.17.선고 2014고단2801 판결

2014고단2801도주,상해·(병합)상해

Cases

2014 Highest 2801 Escape, Injury

2014 Highest 3242 (Joint Bodily Injury)

Defendant

A, Company Board

Prosecutor

St. H. H. H. H. H. H. H., F. M. M. M. M. F. F. M.

Defense Counsel

Attorney Kim Jong-soo (Korean National Assembly Line)

Imposition of Judgment

December 17, 2014

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

[2014 Highest 2801]

On October 26, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Ulsan District Court (a group, deadly weapons, etc.), and completed the execution of the sentence at the Ulsan Detention House on May 9, 2013.

On November 7, 2013, the Defendant was sentenced to a fine of seven million won on April 12, 2014 by the Ulsan District Court for a violation of the Punishment of Violences, etc. Act (Habitual Injury), but the judgment became final and conclusive on April 12, 2014, but was sentenced to a fine on June 19, 2014 due to the failure to pay the said fine.

On August 30, 2014, at around 07: 20, the Defendant confirmed that the amount of the fine was increased by the fine at the Busan Nam-gu Police Station, Ulsan-gu, Busan-do, Busan-dong, and was arrested by the warrant of execution of execution of execution, and thereafter, the Defendant was transferred to the office of duty of the Ulsan District Prosecutors' Office located in the Nam-gu, Ulsan-gu, Ulsan-gu, Busan-do, but the Defendant was transferred to the office of duty of the Ulsan District Prosecutors' Office at around 10:30 on the same day. However, at around 11:30 on the same day, the Defendant was given an opportunity to enter the toilet located next to the office of duty by dopinging the mind that the Defendant would escape, and moved to the office of the first floor of the public prosecutor of the Ulsan District Public Prosecutors' Office at around 11:30 on the same day.

[2014 Highest 3242]

On August 27, 2014: around 00, the Defendant found that, prior to the entrance of the Republic of Korea, U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S. (hereinafter “U.S.”), U.S., U.S., U.S., U.S. (hereinafter “U.S.”).

The Defendant, as the victim, Daced the victim, "I am feas, so far as I am fe as I am fe, I am the face of the victim with pule and kne as I am am fe, I am the victim's body in the future and knee, I am knee with the victim's body at one time and am knee with the victim's body, and ambl with the victim's head knife with the victim's left hand.

As a result, the Defendant diversary typology, which requires treatment for about three weeks, was placed on the victim. The summary of evidence is summary.

[2014 Highest 2801]

1. Defendant's legal statement;

1. A written statement of Park ○-○, and that of Park ○-○

1. A copy of the letter of command issued by the designated person, the person who has received a fine or the person who arrests him;

1. Investigation report (related to attaching photographs of the suspect A's escape route);

1. Previous convictions in judgment: Criminal records, and current status of personal identification and confinement;

[2014 Highest 3242]

1. Defendant's legal statement;

1. Statement of statement to ○○○;

1. Photographs;

1. A written diagnosis of injury;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 145(1) and 257(1) of the Criminal Act (the point of escape, the point of injury and the choice of imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Judges

Judges Lee Jae-in