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(영문) 울산지방법원 2021.02.17 2020고단5099
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten 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. In 2018, the Defendant was unable to receive wages of two million won from the victim B (S) around 2018.

At around 11:50 on October 20, 2020, the Defendant requested repayment of the above money to the victim who had been in prudently requested to do so within the D office located in Yangsan City, but the victim refused it; however, the victim refused it; however, the Defendant laid down the head of the victim one time by gathering the chair who is a dangerous object, and laid down three times.

As a result, the defendant caused damage to the victim's reputation of head and other parts in need of two weeks' treatment and damage to the uncertainty of head and other parts in need of two weeks' treatment.

2. Around 11:52 on the same day, the Defendant: (a) 11:52 on the same day, at the front of the repair shop, she collected 80cm in length, which is a dangerous object for the foregoing reasons; and (b) she got off the clock from the front of the vehicle owned by the victim, of the E freezing tower.

As a result, the Defendant damaged the front door of the victim's vehicle so that the repair cost is equivalent to KRW 230,300,000 with dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Photographs, such as a report on internal history, on the spot, etc., report on internal history (to be attached toCCTV images and photographs), and CCTV images;

1. Application of Chapter 1 of a medical certificate and Chapter 2 of a written estimate for repair;

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

1. Selection of imprisonment with prison labor for the crime of damaging special property in choice of punishment;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to fifteen years of imprisonment;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Special Bodily Injury) (Determinations) and violent crimes.

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