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(영문) 울산지방법원 2020.05.15 2020고단86

특수폭행치상등

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 October 14, 2019, at around 14:30, the Defendant driven a 100 South wood 3 dong community service center on the Dong-dong coast of Ulsan-gu, Ulsan-gu, Seoul-do, and at the front of the Defendant, the victim C (29 years old) gets on the kick kick kick, and the victim D (29 years old) gets on the kick kick kick, while driving the kick kick, while driving the kick kick at the speed of the victim C kick kick kick.

The Defendant: (a) while parking a vehicle and leaving the vehicle, the victim D, who followed the Defendant, resisted with the victim D, “drawing so as to drive the vehicle; (b) brought a dispute with the victim D; and (c) brought the victim a deadly weapon, which is kept in his/her between the troke and the trokele of his/her vehicle, and threatened the victims by going to the end, and threatening them; (d) put the victim into threat, and (e) put the victim “nickly,” and the escape goes beyond the floor of the victim D, which is very rough, by driving away from the vehicle.

As a result, the defendant threatened the victim C by carrying dangerous articles, and assaulted the victim D and thereby caused the victim D to suffer injury, such as the fingers and the hand open hand, which requires the victim D treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim D;

1. A written statement of the victim C;

1. A written diagnosis of injury inflicted on the victim;

1. Application of Acts and subordinate statutes to photographs improved;

1. Relevant Articles 262, 261, 260(1), and 257(1) of the Criminal Act concerning criminal facts (in the case of injury resulting from special assault and injury resulting from special assault, the establishment of Article 258-2 of the Criminal Act shall be construed as punishing a person in accordance with Article 257(1) of the Criminal Act, notwithstanding Article 257(1) of the Criminal Act. Supreme Court Decision 2018Do3443 Decided July 24, 2018, 201), Articles 284 and 283(1) of the Criminal Act

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes;

1. Imprisonment with prison labor chosen;