beta
(영문) 울산지방법원 2021.2.9. 선고 2020고정738 판결

상해

Cases

20 Mali738 Bodily Injury

Defendant

original defendant, 86 years old, female, non-standing

Residential Ulsan

Prosecutor

The Constitutional Court of 200Hun-Ga40, 200

Defense Counsel

Attorney Kim Kim

Imposition of Judgment

February 9, 2021

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal History Office

On March 21, 2020, the Defendant: (a) around 01:00, at the Defendant’s residence located in Ulsandong-gu, the Defendant sought to identify the Defendant’s mobile phone due to the suspicion of the Defendant’s unknown identity; and (b) claimed disputes with the victim, the victim tried to make a telephone due to the male contact stored in the Defendant’s mobile phone; (c) and (d) the victim was quihh with the Defendant’s arms as hackh with the Defendant’s hand, and caused the Defendant’s injury, such as the number of days of treatment, by plucking and plucking the Defendant’s kick hand, thereby causing the Defendant’s

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness Kim Jong-soo;

1. A criminal investigation report (suspect Kim ○-soo's photograph);

[The defendant and his defense counsel asserted that the defendant's act of injury against the defendant's cell phone burgical burgical burgical burgical burgical burgical burgical burgical burgical burgical burgical burgical burgical burgous burgous burgous burgous burgous burgous burgous burgous burgous burgous burgous burgous burgous burgous burgous burgous burgous burgous burgous burgous burgous burgous burgous burgs, and the defendant's act of self-defense or burgous burgous burgous burgous burg.

Therefore, both the Defendant and the defense counsel cannot be accepted.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 257(1) of the Criminal Act (Selection of Fine)

1. The type to be suspended;

Fines of 700,000

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day)

1. Suspension of sentence;

Article 59(1) of the Criminal Act (see, e.g., the relationship between the defendant and the victim, the background leading up to the dispute, the facts leading up to the violence committed by the defendant against the victim at the time of the instant case, such as damage between the victim, the cage of the victim, and the cage of the c

Judges

Judges fixed-term

Note tin

1) Although it is unclear whose cell phone it was to be used by the defendant at the time of the instant case, the victim initially makes a statement to the investigative agency.

The fighting has been fighting since the fact that the defendant's cell phone was not able to confirm the fact in a consistent manner at the 's cell phone' of the defendant.

The defendant also stated to the effect that "a person was injured by plucking, plucking, etc. of a cell phone in order to make a cell phone boom, and the defendant also sustained the injury."

At the time of the fact-finding, both the cell phone and the cell phone of the victim themselves have attempted to use the cell phone at the time of the fact-finding.

It is judged that it was a victim.