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(영문) 울산지방법원 2020.05.22 2019고단3575
특수상해등
Text

[Defendant A] The defendant A shall be punished by imprisonment for six months.

However, this judgment has become final and conclusive against Defendant A.

Reasons

Punishment of the crime

1. Defendant A

A. At around 23:40 on January 25, 2019, the Defendant suffered from special injury: (a) on the ground that, while drinking alcohol together with the victim B(54) who was working in Ulsan-gun, U.S., U.S., U.S., the Defendant: (b) on the ground that the victim said that he was “influences” to the Defendant; (c) the victim “influences” means “influences,” and “influences,” the victim was faced with the victim; and (d) the victim was fluences, which are dangerous things; and (e) when the victim’s face was fluenced by drinking, the Defendant sustained injury, such as the victim’s 5th floor frame, etc., which requires medical treatment for about five weeks.

B. The Defendant damaged property at the above date, time, and place, as seen earlier, the following was destroyed to the extent of KRW 245,00 of the repair cost and replacement cost by making two microphones owned by the victim E (the 62 years old), the operator of the above singing room (the 62 years old), who was in dispute with B, falls short of the floor and one ricom is broken down on the floor, and the brea-com was broken down.

2. Defendant B brought an injury to the left-hand side of the victim A, in opposition to the above violence of the victim A (the age of 52) at the above time and place, by drinking the victim’s face at around six weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to an investigation report (in relation to attachment of a written diagnosis of injury), an investigation report (A-related opinion, etc.), and an investigation report (in relation to attachment of a written estimate for damage);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 258-2(1) and 257 of the Criminal Act (the point of special injury), and Article 366 of the Criminal Act (the point of causing property damage and the choice of imprisonment);

B. Defendant B: Article 257(1) of the Criminal Act (the point of injury and the choice of imprisonment)

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

1. Defendant A for discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendants on probation: Criminal Act.

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