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(영문) 의정부지방법원 고양지원 2018.05.17 2017고단2799

특수폭행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and the victim B (n, 70 years old) are married relationships, and they are residing in the Dong-gu Seoul apartment of the So-gu Incheon Metropolitan City in the area of Goyang-si.

Around July 19, 2017, the Defendant refused the Defendant’s demand to lend money from the above C Apartment D on July 19, 2017, on the ground that the Defendant refused the Defendant’s demand.

"At the same time, the part of the victim's head is cut off several times with plastic clothes, the part such as the victim's shoulder and the part such as the shoulder has been cut back, and the victim's chest, which has been continuously used on the floor, has been cut off several times with a dub (84cm in length).

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. The defendant's legal statement (as at the sixth public trial date);

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to photographs of parts of the victim's assault damage, photographs at the scene of the crime, shot clothes, flopped photographs, and shots for the autopsy of the victim

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the selection of fines for criminal facts, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the instant crime is that the crime committed by an injured party, who is the spouse, refuses the Defendant’s demand to pay the money borrowed from a race track, and thus, the nature of the crime is not exceptionally against the victim by using dangerous things.

On January 7, 2016 and the 22th day of the same month, the defendant has a record of receiving a decision to forward home protection cases two times at a high-level branch office of the public prosecutor's office of the Gu.

However, the defendant's recognition of the crime of this case in this court, the victim did not want the punishment against the defendant in agreement with the victim, the victim's repeated application of the defendant's wife in this court, and the fact that there is no record of criminal punishment, etc. are considered as favorable to the defendant.