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(영문) 대구지방법원 2020.08.18 2020고정510
폭행등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant and victim B (the age of 69) are de facto marital relations.

1. Around 14:00 on December 6, 2019, the Defendant: (a) reported the victim’s illness at the Defendant’s residence located in Sinsan-si, and (b) thought that the victim is going out of the victim’s children’s children, and assaulted the victim’s face face two times in drinking.

2. At around 13:00 on December 7, 2019, at the same place as the above 1.1. paragraph, the Defendant used the victim’s face to be taken by “the victim, who was in his/her hand,” while holding the victim “the victim, who was in his/her hands at approximately 20cm, and about 10cm:0cm,” and assaulted the victim’s face to be taken by drinking.

Accordingly, the defendant assaulted the victim and carried excessive things, which are dangerous objects, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to report internal investigation (as to the handling of a suspected suspect's personal injury and injury level, and the attachment of photographs of criminal tools);

1. Relevant provisions of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Articles 261 and 260 (1) of the Criminal Act (the point of special violence), and the selection of fines, respectively, for the crime;

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. Since there is no change of circumstances to be considered in sentencing after notification of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine prescribed in the summary order shall be maintained as it is.

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