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(영문) 울산지방법원 2021.01.07 2020고단1303
폭행등
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 10, 2020, 2020 the 1303rd order was dismissed on December 10, 202.

1. On April 6, 2020, the Defendant: (a) before the entrance of the CPC room in Ulsan-gu B and CPC located in Ulsan-gu, Ulsan-gu, and CPC on April 6, 2020; (b) the victim D (39 tax) who is the owner of the above CPC room was the victim of the above CPC room in the past, and said Defendant was the victim, who was the owner of the above CPC room, was the victim,

For the reason that he said, he assaulted the victim by making the victim's chest more than twice due to drinking.

2. On April 6, 2020, the Defendant damaged the victim’s property by getting a container 7,000 won at the expense of the victim, the market price of which was owned by the victim, such as in front of Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-do, B, and then getting the bottom section of the container, which is equivalent to 7,000 won in the market price of the victim’s possession.

On August 7, 2020, the Defendant damaged 403,00 won of the repair cost, such as by cutting the two-wheeled vehicle owned by the victim G in Ulsan-gu E, Ulsan-gu, Seoul-gu, by hand in excess of the F parking lot on August 7, 2020, which was parked in the above two-wheeled vehicle.

Summary of Evidence

[200 Highest 1615]

1. Statement by the defendant in court;

1. Statement made by the police against the defendant;

1. Written statements of D;

1. Each photograph;

1. An investigation report (report on the failure to attach a photograph of the container and a quotation, which is the damaged article) (report on the destruction of the container, which is the damaged article);

1. Statement by the defendant in court;

1. Statement made by the police against the defendant;

1. G statements;

1. On-site photographs, CCTV images, and other closure photographs;

1. Application of the written estimate statutes;

1. Relevant Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. There is a record of being sentenced to a fine due to the crime of assault on the grounds of sentencing Article 62-2 of the Criminal Act, and the mental health of the accused is unstable.

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