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(영문) 수원지방법원 안산지원 2018.03.29 2017고단3642

폭행치상등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant was married with the victim C (V, 49 years old) and about three years prior to the marriage, but was divorced by agreement around October 2017.

1. On August 23, 2017, the Defendant injured the victim’s bodily injury: (a) was at the Defendant’s house located in Ansan-si No. DB02, Ansan-si, Masan-si; (b) was under the influence of alcohol for the reason that the victim did not have the husband with normal and frequent drinking and did not have the Defendant, who is the husband,. (c) caused the victim’s bodily injury, and (d) caused the victim to have the knick once by her hand.

Accordingly, the Defendant inflicted an injury upon the victim by assaulting him.

2. A special intimidation Defendant continues to take the victim’s bath with a large interest at the time and place specified in paragraph 1, and brought knife a knife, which is a dangerous thing in the kitchen, and bring the knife in the pen, and put it into a knife. The Defendant’s mother E (nife, 73 years of age) refers to the Defendant, thereby cutting the knife of the knife and cutting it over as a dangerous thing, and then throw away the knife and thrown the knife into the part of the victim.

“Intimidating” the term “.

Accordingly, the defendant carried dangerous objects and threatened the victim.

3. In order to avoid such intimidation at the time and place specified in Paragraph 1, the Defendant: (a) entered the victim’s small room to avoid such intimidation; (b) brought the victim’s visit; (c) brought the dangerous goods; and (d) brought the victim’s door-to-door loss at the market price that is jointly owned by the victim.

The defendant, carrying dangerous objects, thereby damaging property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to criminal investigation reports ( telephone conversations with suspects);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 262, 260(1) (the point of causing violence) of the Criminal Act, Articles 284, 283(1) (the point of special intimidation) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act concerning the selection of punishment, and the choice of imprisonment, respectively;

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 62 of the Criminal Act: