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(영문) 창원지방법원 2020.09.09 2020고단2125
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant and the victim B (the 70-year old age) are currently living separately from June 2018 when the victim who could not have been able to check the continuous violence of the married couple or the defendant.

Around 14:00 on May 25, 2020, the Defendant found the victim's residence in Kimhae-si, which was known to him by chance on May 14:0, 202, as the residence of the victim in Kimhae-si, and called "the victim's life is not a weather, human, but a life," and "the victim's face is taken over by drinking, and a stick, which is a dangerous object at that time, was taken by the victim's bridge.

피고인은 피해자가 피고인의 폭행을 피하기 위해 “술을 사 올테니 이야기를 해보자”라고 말하며 집을 나와 도움을 요청하려 부근 ‘D슈퍼’로 들어가자 뒤따라와, 그곳에서 피해자의 상의를 벗기고 가슴을 세게 움켜잡고, 피해자의 팬티 안으로 손을 넣으면서 “그놈하고 하루 다섯 번 했나, 여섯 번 했나”라고 말하고, 발로 피해자의 몸을 수회 걷어찼다.

계속해서 피고인은 피해자가 이를 피해 슈퍼 옆에 있는 ‘E’ 가게로 도망가자, 재차 쫓아가 “네가 도망가면 내가 못 잡을 줄 아냐”라고 말하며 발로 피해자의 몸을 수회 걷어찼다.

As a result, the defendant committed indecent acts by compulsion of the victim, and committed multiple gamblings such as not being on both sides in need of treatment for about two weeks.

Summary of Evidence

1. Statement of the police statement concerning the defendant's partial statement B;

1. Application of Acts and subordinate statutes to the list of seizure, evidence of seizure, record of seizure, report on investigation, report on internal investigation, diagnosis of injury, and photograph of stick [the defendant recognizes as substitute for criminal facts in the judgment, but denies the fact that the victim was placed at a stick, as stated in its reasoning. However, according to each of the above evidence, the fact that the defendant was placed at the victim by stick can also be acknowledged as stated in its reasoning]

1. Relevant Article of the Criminal Act and Articles 258-2(1) and 257 of the Criminal Act concerning the selection of criminal facts;

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