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(영문) 의정부지방법원 고양지원 2018.10.25 2018고단2013

특수폭행등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around February 12, 2018, the Defendant: (a) had a person related to de facto marriage D (e.g., 55 years old) and a monetary problem in PPP in PPPP located B located in PPPP on February 12, 2018; (b) had been collected twice by plastic chairs, which are dangerous objects; and (c) had assaulted the victim.

2. On February 12, 2018, the Defendant: (a) expressed the attitude of the victim as a knife, a dangerous object, among the disputes, for the same reason at the places described in paragraph (1) around 16:40 on February 12, 2018; and (b) threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of D;

1. Application of the Acts and subordinate statutes to a investigative report (to attach CCTV images) and to photograph CCTV images;

1. Relevant legal provisions concerning criminal facts, Articles 261, 260(1) (a) of the Criminal Act, Articles 284 and 283(1) (a) of the Criminal Act, the choice of fines (a special intimidation against a de facto spouse) (a crime of violence against a de facto spouse should be strictly punished and the quality of the crime is not good by using dangerous things, but even according to the statement of the victim, it seems that the crime is not habitually committed even if the statement of the victim is made by the victim, that the distance between the defendant and the victim exists more, and that the defendant has no record of the same crime in addition to the previous fine)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;