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(영문) 울산지방법원 2020.11.12 2020고단2313

특수폭행

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On March 15, 2020, at around 03:20, the Defendant, at the home of the victim D (Nam, 58 years old), who is a backboard of the Defendant in Ulsan-gu B St Stud C, was under drinking with the victim. On March 15, 202, the Defendant carried a dangerous object and assaulted the victim by taking the dangerous object, as it was a prone to the victim’s refusal of the Defendant’s demand of reworking at the victim’s home.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as prone photographs of cattle, and bando photographs;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Taking into account such factors as the fact that there are a number of records of punishment due to the act of violence for sentencing under Article 62-2 of the Criminal Act, the last preceding offense is 2011 years, the crime committed contingent and the degree of damage is not significant, the victim is closely related to the victim and the victim does not want the punishment of the defendant, the crime of other bodily injury that occurred after the instant case was sentenced to a fine, and the economic situation of the defendant is not good.