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(영문) 울산지방법원 2021.6.10. 선고 2020고단5543 판결

감금,폭행,특수상해

Cases

20 Highest 5543 Illegal confinement, assault, special injury

Defendant

A, 198 N, South and North Korea, and Company Board

Residence

Place of service

Seoul Special Metropolitan City, Ulsan-gun District, 1239

Prosecutor

Kim U.S. (Lawsuits) and Lee Jong-chul (Trial)

Defense Counsel

Attorney Quota-type (Korean National Assembly)

Imposition of Judgment

June 10, 2021

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to provide community service for 40 hours.

Reasons

Criminal facts

The defendant and the victim B (the age of 22) are the history of the relationship.

1. Illegal confinement;

At around 23:00 on October 27, 2020, the defendant demanded the victim on the top of 'D' K5 vehicle that the defendant operated in front of the residence of the victim of Ulsan-gu C, Ulsan-gu, to meet again, and the victim refused from the victim, 'N' 'N' 'N' 'N' 'N' 'N' 'N' 'N' 'N' 'N' 'N' 'N' 'N' 'N' 'N' 'N' 'N' 'N' Ha' Ha' Ha' Ha' Ha' Ha' Ha' Ha' Ha' Ha'n the victim's 23:0 U.S. 24, U.S. 24, U.S. 'N. 24, U.S. 'N. 1, U.S. 'N. 35, U.S. 'N. 'N. 26, U. Park'. '. '.

2. Violence;

On October 27, 2020, the Defendant, at around 23:30 on October 27, 2020, committed an assault against the victim by taking a horse dispute with the victim who was parked on the top of the 'Fran Sports Park' near the 'Frane Park', and by taking the flap with his head debt, booming the victim's head debt with his hand, cutting down the string, back, and cutting down the string with the hand floor, cutting down the straw, and facing the head on the window and the string.

3. An special injury:

On October 28, 2020, at around 01:34, the Defendant: (a) went through a dispute with the victim who was on the front line at the parking lot of the Madow Park at the above Madow Park; (b) taken the victim’s side gate (1m in length) out of the Madle pipe, which is a dangerous object in the Madro or Twit line, and kidddd the victim’s side 3 to 4; and (c) taken the math of the victim’s hair back into the hand, she tried to damage mathal, using the Corh and Rater, which is a dangerous object after taking the head of the victim’s Hand over, and tried to damage the headal math; and (d) cut the 3M tape into the victim’s head for about 14 days, and then she sprinked the victim’s head for 14 days.

After all, the defendant carried dangerous things and inflicted an injury on the victim.

Summary of Evidence

(Omission)

Application of Statutes

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

Article 276(1) of the Criminal Act (the point of confinement, the choice of imprisonment), Article 260(1) of the Criminal Act (the point of assault and the choice of imprisonment), Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury)

1. Aggravation for concurrent crimes;

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

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social services;

Article 62-2 of the Criminal Act

Reasons for sentencing

In light of the contents of each of the crimes in this case, the nature of the crime in question is inferior, and the responsibility of the defendant is not that of the defendant. However, considering the following factors: (a) the defendant's attitude to recognize and reflect the defendant's wrong; (b) the primary offender; and (c) the defendant's behavior did not cause any damage to the victim's head

Judges

The number of judges