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(영문) 울산지방법원 2016.11.29 2016고합172
강간등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant had been sentenced to a fine of KRW 5 million on February 25, 2016, when he was injured by the victim C (n, 37 years of age) from around one year before the defendant was sentenced to a full or a annual relationship with the victim C (n, 37 years of age).

Around 20:00 on May 1, 2016, the Defendant: (a) considered the victim’s “not receiving his own phone”; (b) took the victim’s cell phone from the victim’s cell phone to take the message from another male and E message; (c) taken the victim’s cell phone to exchange it; (d) took the victim’s head with another male and E message; and (e) taken the victim’s head by hand over the victim’s body, such as the victim’s side glass, light, hair, head, etc. with the victim’s head, cut off the victim’s head by hand; and (e) took several times, the victim’s knife, which is a dangerous object on the floor of the living room (total length of 32 cm and 20 cm length of one-day).

With respect to the Defendant’s assault, the prosecutor prosecuteds the Defendant against the following facts: “(a) the Defendant frightened the victim’s hair by putting the victim’s hair in a brush with the victim’s body, such as the victim’s side glass, etc., the victim’s side glass, etc., and the head room, etc., several times by drinking and frighting the victim’s body; (b) the kitchen-gate (total length 32 cm, 20 cm in length) which is a dangerous article on the floor of the living room; and (c) twice the victim’s inside the victim’s face by drinking.”

In regard to this, the Defendant made a kitchen with the kitchen knife of the victim, and argued that there is no assault against the victim. As stated in the “not guilty part” of this judgment, the victim’s statement regarding each of the crimes of this case is not reliable, and the remainder of the evidence submitted by the prosecutor alone is difficult to recognize that “the defendant made about about 10 times the face of the victim.”

Ultimately, according to the defendant's statement of approximately six weeks of injury (Evidence No. 215) to the victim with dangerous things, the victim's crime is judged.

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