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(영문) 울산지방법원 2017.10.19 2017고단2860

특수폭행등

Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

Defendant

A and the victim B (n, 48 years old) were in a teaching relationship for about 12 years.

1. A special assault: (a) the Defendant was aware of the fact that the victim had sexual intercourse with other men in Ulsan-gu, Ulsan-gu, Seoul, from February 13, 2017 to 15:00 on the same day, between the Defendant and the Defendant, within his/her inside his/her own inside of the port of Ulsan-gu, U.S., with the knowledge of the fact that the victim had a wind with them; (b) and (c) the Defendant laid off three knife (18 cm on the knife) a dangerous object in the kitchen; and (d) on the ground that the victim, “

How is another male and its return to it;

At present, the term " deader and deader" had knife the knife with floor and clothes, etc. while putting the knife in mind.

On the other hand, the defendant continued to catch the head debt of the victim frighting, and assaulted the victim's head at 1-2 times with the hand floor.

2. On April 12, 2017, the Defendant obstructed the victim’s normal business operations for about 40 minutes, such as “E operated by the injured party located in Ulsan-gu D Apartment Building No. 205, Ulsan-gu, Seoul-gu, Seoul-gu, a business establishment from April 12 to April 14, 2017, where the victim was found to have no contact, leaving a small wave and bed away from the door of the business establishment on the ground that the victim did not have contact with him/her, and continuously gathering various strings and ma supplies, etc., and continuously leaving the entrance of the business establishment, with the sound called “FS Da”, for about 40 minutes, such as interfering with the victim’s normal business operations.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Relevant Articles 261, 260(1) (a) (a means of assaulting carrying dangerous objects), Article 314(1) (a) (a point of interference with business) of the Criminal Act and choice of imprisonment for a crime;

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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is that the defendant committed the crime in the sense of conviction due to the victim’s unlawful act committed for a long time.