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집행유예
(영문) 울산지방법원 2018.7.17.선고 2018고단1630 판결
가.특수상해,나.강요
Cases

2018 highest 1630 (a) Special injury, coercion

Defendant

1. (a) . (b) A south 87. Said

2. A. B. South 88. Syeast

Prosecutor

Kim Jong-dae (Lawsuits) and Kim Jong-tae (Trial)

Defense Counsel

Law Firm, Attorneys C (private ships for Defendant A)

Imposition of Judgment

July 17, 2018

Text

Defendant A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, the execution of each of the above penalties shall be suspended for two years from the date this judgment becomes final and conclusive.

To order the Defendants to provide community service for 120 hours each time.

Reasons

Criminal facts

1. Defendants’ co-principal conduct

피고인들은 2018 . 3 . 31 . 16 : 45경 양산시 D에 있는 E 빌딩 옥상 주차장에서 피해자 김00 ( 31세 ) 가 다른 사람들의 명의를 도용하여 휴대폰을 개통한 후 피고인들의 휴대전 화 단말기를 교부받아 피고인들이 이로 인한 피해를 대신 변제하게 되어 이에 대하여 이야기하는 과정에서 , 피해자가 반성하지 않는다는 이유로 피고인 B이 오른 손바닥으 로 피해자의 왼쪽 뺨을 1회 때리고 , 피고인 A은 이에 합세하여 손으로 피해자의 머리 를 때린 뒤 넘어뜨리고 넘어진 피해자의 얼굴과 다리부위를 발로 수차례 걷어찼다 .

The Defendants continued to attract the victim to the top of the entrance of the above parking lot stairs, knee kneel, and Defendant A walked the victim’s chest part once, and after having the victim walked the victim’s chest, the victim c-4 times with the victim’s her turb, which is a dangerous object, with the victim’s turbane 3-4 times, and Defendant B made the victim’s turbane part once with the victim’s turb.

As a result, the Defendants conspired to carry dangerous objects and carried them with approximately two weeks of treatment, and led the victim to a studio and a studio incule.

2. Defendant A

The Defendant signed and sealed a written agreement on recognizing the fact that the victim was damaged to the Defendant and the victim was forced to pay the amount of damage and the amount of separate agreement at the same time and at the same place of the instant assault.

As a result, the defendant had the victim do a non-obligatory act by assault.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Articles of criminal facts;

Defendants: Articles 258-2(1), 257(1), and 30 of the Criminal Act

Defendant A: Article 324(1) of the Criminal Act

1. Selection of penalty;

Defendants: Imprisonment Decision

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

Defendants: Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that even though the extent of damage and matters are serious, the Defendants are against the instant crime, the Defendants agreed with the victim, and the Defendants did not have any record of punishment beyond the fine)

1. Social service order;

Defendants: each of the Defendants under Article 62-2 of the Criminal Act

Judges

Judges O Chang-sil -

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