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(영문) 울산지방법원 2021.01.15 2020고단3013
특수상해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 27, 2020, the Defendant damaged special property: (a) the victim C was living in Ulsan-gun, Ulsan-gun, Ulsan-gun on June 27, 2020; (b) the victim said that “Ne is frighting and has broken down because it was difficult for the victim to do so; and (c) the victim found the above apartment on the ground that “Ne Sick-gun, Gink Women’s Republic of Korea was frighting to do so; and (d) the victim caused the damage to the above apartment site by getting off the wall glass of the apartment No. D heading (100cm in width and 58cm in length) which was unclaimed at the home.

As a result, the defendant damaged the victim's residential corridor glass, which is about 3.10,00 won of repairing expenses.

2. On June 27, 2020, the Defendant: (a) sought a victim as described in paragraph (1) on the side of the building in Ulsan-gun E, Ulsan-gun, Ulsan-do; (b) but did not return to the road, the Defendant left the victim’s head, shoulder part, and left the part of the victim’s head, shoulder part, and cut down one time on the part of the victim’s left left buckbuck part of the defect in which the victim would have attempted to flee; and (c) caused the victim’s injury to the 14-day sprink and the sprinking part of the victim’s head, sprinked part, which requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Protocols of seizure, list of seizure and on-site photographs;

1. Application of Acts and subordinate statutes on the medical certificate of injury, estimate, and each receipt;

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to attend lectures;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to 15 February;

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