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(영문) 대구지방법원 2019.01.16 2018고단4954

폭행등

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On October 24, 2018, the Defendant: (a) around 21:40 on October 24, 2018, the Defendant: (b) the victim C, who was wife at the last place of residence located in Daegu-gu, Daegu-gu, Daegu-gu (hereinafter “B”), was forced to use a mobile phone owned by the B, and caused damage to the parts of the cell phone amounting to KRW 459,80,00, the market price of which was owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

1. Article 366 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine for punishment;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On October 24, 2018, the Defendant: (a) 21:40 on October 24, 2018, at the residential last day in Daegu Dong-gu, Daegu-gu, brought a dispute with the wife C (in female, 42 years of age) and the victim recorded a mobile phone conversation with his/her cell phone; and (b) the victim was faced with his/her finger-si’s hand in order to keep his/her cell phone phone in a knife with his/her hand, resulting in his/her finger-si’s loss.

Accordingly, the defendant assaulted the victim.

2. Provisions of applicable provisions to the facts charged in judgment: Judgment dismissing a victim's expression of intention not to punish the victim on November 30, 2018 after the prosecution under Article 260 (3) of the Criminal Act is instituted: Article 327 subparagraph 6 of the Criminal Procedure Act.