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(영문) 울산지방법원 2012.12.13.선고 2012고단1900 판결
폭력행위등처벌에관한법률위반(집단·흉기등상해)
Cases

2012 Violation of the Punishment of Violences, etc. Act (Bodily Injury by Group, Deadly Weapons, etc.)

Defendant

A

Prosecutor

The date of truth-finding, the date of prosecution, and the date of prosecution (public trial)

Defense Counsel

Law Firm B, Attorney C

Imposition of Judgment

2012, 12.13

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Criminal facts

On April 27, 2012, the Defendant was the husband and wife of the victim D (nive, 47 years of age). On May 30, 2012, the victim filed a divorce lawsuit against the Defendant, and was decided by the Ulsan District Court on May 30, 2012 to take a provisional disposition prohibiting access against the victim.

The Defendant, while having been kept in a toilet with the yellow mountain, which had been handled at the time when the Defendant worked in the company laboratory, was in possession of it as a house, was in possession of it in a mountain water tank, in which the victim filed a divorce lawsuit, was fluent with the victim with the view to spreading it to the victim, and was in possession of the victim depending on the place where the victim delivers it to normal milk.

On June 17, 2012, at around 22:40, the Defendant discovered that the victim was released after the delivery of milk in front of the company house S-Oil Co., Ltd. located in Ulsan-gu New-dong, Ulsan-gu, Ulsan-do, and then released yellow acid, which is a dangerous object prepared in advance, to the victim's face, and put about about six weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written opinion, a written diagnosis, and an investigation report (Attachment to a medical certificate for injury of a victim);

Application of Statutes

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

Article 3(1)3 of the Punishment of Violences, etc. Act, Article 2(1)3 of the Criminal Act, Article 257 subparag. 257 of the Criminal Act, even though the court decided to take a provisional disposition prohibiting access to the victim, the defendant did so on the contrary, and the defendant appears to have been planned to commit the crime of this case in light of his behavior before and after the crime. In light of the fact that the crime of this case seems to be the means used for the crime of this case, the risk of yellow acid, the degree of damage caused by the crime of this case, etc., the crime of this case is extremely poor, and there is no recovery from damage after the crime of this case, and no agreement has been reached with the victim, and the defendant has already been subject to criminal punishment by assaulting the victim, there is sufficient need to punish the defendant.

It is so decided as per Disposition for the same reasons above.

Judges

Judges Gin-type

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