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(영문) 울산지방법원 2019.08.30 2019고단1302
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 3, 2018, the Defendant: (a) at the entrance of a “D” restaurant operated by the victim C(54 years of age) located in Ulsan-gu, Ulsan-gu, Seoul-gu, the Defendant: (b) destroyed the victim’s breath by cutting away the breath of the victim’s breath and cutting off four parts of the victim’s market value, including 100,000,000 won, at the entrance of the restaurant.

Accordingly, the defendant damaged the property owned by the victim.

2. The Defendant suffered special injury, at the same time and place as indicated in the above paragraph (1) above, destroyed the flowers as mentioned in the above paragraph (1) and caused the victim’s hump to the humb "S YAA", and caused the humbling that the victim humbededed with the humb, thereby wearing the humb, and caused the victim’s humb, " wherever this humb is anywhere this humb," and the victim humbed two times back the Defendant’s humf, which is a dangerous object on the floor, and caused the victim’s fump to the part of the victim for treatment for about three weeks, such as the damage to the humb, humf and the humb, and other parts of the humb and the humb, and the damage to the humb, heat, etc.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. A medical certificate;

1. Application of Acts and subordinate statutes of each photograph (Evidence Nos 5 and 7);

1. Relevant legal provisions concerning facts constituting an offense and Articles 366, 258-2 (1), 257 (1) of the Criminal Act that choose a penalty;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

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

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