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(영문) 광주지방법원 2021.02.05 2020고단5817

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(60) are adjoining neighbors in the Nam-gu Seoul apartment.

The Defendant at the above apartment parking lot around 16:00 on September 16, 2020, on the ground that the victim received a civil petition with respect to apartment water charges to the South and North Injury Water Services Headquarters, the Defendant “I do not am on the part of the Defendant, and why she speaks?”

N. N.N. L. L.N.

“Around 40 cm in length)” while sounded in advance to the victim, the victim was placed at least three times to avoid her seat.

Accordingly, the defendant, carrying a protected object, and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim B telephone);

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when a sentence of suspension of execution is invalidated or revoked and a fine is not paid).

1. In light of the risk of the Act on the Punishment of Crimes on the Grounds of Sentencing Article 62(1) of the Act on the Suspension of Execution, the punishment as described in the order shall be determined by taking into account all the factors such as the following: (a) the liability for the crime is not somewhat weak; (b) the confession is against the victim; (c) the agreement is reached with the victim; (d) the victim in a dispute is likely to display improvement as if he or she took place; (b) there is no record of criminal punishment other than the punishment imposed once for a long time; and (c) the age