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집행유예
(영문) 울산지방법원 2016.5.18.선고 2016고단735 판결
특수상해,재물손괴
Cases

2016 highest 735 special injury, damage to property

Defendant

Kim A (70 years, South Korea), the Secretary General;

Residence

Reference domicile

Prosecutor

Yellow (Lawsuits) and Kim Jong-il (Trial)

Defense Counsel

Attorney Cho Jae-chul (Korean Charter)

Imposition of Judgment

May 18, 2016

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Criminal facts

The defendant is the victim Lee ○○ and the legal couple.

1. A special injury:

A. On January 14, 2016: around 00: 05, the Defendant constantly suspected of the victim’s external map at the Defendant’s residence in Ulsan-gu 000, Ulsan-gu, 000, and reported the victim’s personal phone messages sent to and from another male and female with the victim, and reported the victim’s personal phone messages to “the victim’s personal phone messages ○○, e.g., e., f., shot or drinking at the time when the victim’s head was shot and drinking, and the victim’s fingers were 10 times at the victim’s hand, and the victim’s fingers were 10 times at the victim’s ○○○○○’s head, etc. with a shoulder material to defend the victim’s ○○○○○;

B. On the same day 03: around 30 30, the victim, who was faced with the Defendant’s harmful act in the same place, and returned to ○○○, did not release the cell phone password. The victim’s buck bucks and bucks of the victim ○○, bucks and bucks around 10 times with the bucks and bucks of the victim, boomed the victim ○○, with the bucks and bucks of the victim’s bucks and bucks to the victim ○○;

(c) The same day: 04: around 00 on the same day, one hand knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

D. On the same day: 05: 20 days suspected of the appearance from the workplace rent, the victim's ○○ ownership ********* * * The victim's finite finite finite finite finite finite finite finite finite finite, the victim's finite finite finite finite finite finite, the victim's finite finite finite finite, the victim's finite finite finite fin

E. On the same day: around 05: around 30, at the above 00 fire office, the victim Lee ○-○ and the victim Lee ○-○, etc., whose cell phone problem is over 00 fire office, have taken several times, followed the victim Lee ○-○, etc., and reached several times due to depressions.

After all, the Defendant, while carrying a knife that is a dangerous object, inflicted an injury on the victim ○○○, such as a multi-presidential salt that requires treatment for about two weeks.

2. Damage to property;

At around 06:00 on the same day, the Defendant: (a) was suspected of having an external map with the workplace rent at the same place as described in paragraph (d) above; (b) was broken up by putting the victim’s office supplies and fire parts on the floor; and (b) destroyed the property by breaking up the main body of the computer owned by the victim (state), monitors, and monitors.

Summary of Evidence

(Omission)

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 258-2 (1), 257 (1), and 366 (Crimes of Causing Property Damage in Judgment)

Imprisonment)

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 (no record of punishment heavier than a suspended sentence)

(1) The victims agreed with the victim Lee ○-○, which only has a history of punishment of a fine once.

J. 00 Fire Insurance Co., Ltd. does not want to be punished for the defendant (No. 15), out of that.

record and pleading, various circumstances, such as circumstances leading to the crime, degree of reflectivity, etc., shown in the record and pleading;

1. Suspension of execution;

Article 62(1) of the Criminal Act (Concurrent Consideration for the above Circumstances)

Judges

Judges Shin Shin-young

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