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(영문) 서울북부지방법원 2019.11.28 2019고단3723

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

The defendant and the victim B (the age of 54) are married and married, and the victim C (the age of 22) is the father and wife of the defendant.

1. On July 22, 2019, the Defendant, at around 23:00, went to dispute with the victim B, who is the wife, in the residence of the Defendant on the second floor of Dobong-gu Seoul building D, Seoul, due to economic problems, was broken up, and was faced with the victim’s math.

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

2. A special intimidation: (a) the victim C who observed the assault at the above date, time, and place was faced with the victim B, and the victim C was faced with the inside and outside of the entrance, and (b) the Defendant saw a transition (13 cm in the blade length, 24 cm in the total length) which is dangerous in the kitchen, and took a visit in the future of the visit, stating that “I will throw away the same dead, dead, and homicide.”

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (report on hearing statements by reporters);

1. Records of seizure and the list of seizure;

1. Application of excessive photographic statutes;

1. Articles 261 and 260(1) of the Criminal Act applicable to the facts constituting an offense (a crime against carrying dangerous articles) and Articles 284 and 283(1) of the Criminal Act (a crime against carrying dangerous articles);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the disadvantage of the defendant, such as the fact that the defendant did not engage in the period of probation, and committed the instant crime against his family, and the victims do not want the punishment of the defendant.