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(영문) 수원지방법원 2015.08.13 2015고정1271

폭행

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the husband of the victim C (math, 49 years old), father of the victim D (math, 11 years old), and the victims leave the military around December 201, and currently are living separately with the defendant.

On October 27, 2011, the Defendant: (a) around 19:30 on the 19:30s, the Defendant: (b) moved the victim C’s lids of plastic clothes into the string; (c) laid down the victim C’s head debt and breath; and (d) 3-4 times the victim C’s head debt and bridge.

The defendant continued to fight the victim D's head on the hand of the victim D's head on two occasions.

Accordingly, the defendant committed violence against the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of a protocol of suspect examination of police officer C;

1. Copy of the statement made to D by the police;

1. The credibility of a statement is recognized in light of the following: (a) the victim’s photograph (the details of the victim’s statement at the police station are not only specific, but also there is no inconsistency among the statements; (b) the victim’s assault part and degree of violence expressed in the victim’s photograph conforms to the course of the assault alleged by the victim; and (c) the circumstances under which false statements are not visible. In addition, in addition, the defendant himself/herself stated in the police to the effect that “the victim’s head was sealed.” The victim’s victim’s head, who is his/her father, was sealed, can be recognized as facts constituting the crime committed against the defendant], in light of the fact that the victim’s statement was stated to the effect that “the victim’s head was sealed.”

1. Article 260 (1) of the Criminal Act and Article 260 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment order are 40 hours in the case of this case.