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(영문) 울산지방법원 2013.09.26 2013고단2898
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

except that 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

[Relationship between the defendant and the injured party] The adjoining party living in the same house as the defendant and the injured party C(60 years of age) was the day before the occurrence of this case, which caused the interruption of electricity of the above house on July 7, 2013, which occurred due to electricity excess, and had a good appraisal after having a dispute.

【Criminal Facts】

1. Around July 8, 2013, around 23:40, the Defendant causing property damage: (a) did not enter electricity from the Defendant’s house located in Ulsan-gu, Ulsan-gu; and (b) did not intentionally mislead the victim into blocking electricity; and (c) did not leave the door to the first floor where the victim resides.

However, the victim did not open the door, and sent the door door in favor of the victim, and 50,000 won of the market price, 1 copy of the front door glass and 15,000 won of the market price were broken down.

Accordingly, the defendant damaged the victim's property amounting to 65,000 won in total of the market price.

2. A violation of the Punishment of Violences, etc. Act (injury by group, deadly weapon, etc.) put the front door in a stringer and a stringer of the string of the string door, which was a dangerous object, at the time and place specified in paragraph (1) above for the foregoing reasons, and put the victim over the floor where the victim was sealed to prevent the defendant from inserting the string, in order to keep the stringer and string the string of the string in order to prevent the defendant, and put the victim over the floor where the string of the strings and the strings of the strings and the strings of the strings in need of treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 257 (1) and 366 of the Criminal Act;

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

1. The fact that discretionary mitigation is contrary to Articles 53 and 55(1)3 of the Criminal Act and is agreed with the victim.

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