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(영문) 의정부지방법원 고양지원 2018.10.04 2018고정454
폭행
Text

Defendant shall be punished by a fine of two 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(44 years and women) are legal couples.

On January 4, 2018, the Defendant: (a) at the parking lot of the Pakistan Police Station located in 140, 12:30, the Defendant: (b) had the victim resisted to the fact that the Defendant was unlawfully issued the victim’s certificate of seal imprint; (c) had the victim, who was forced by force, cut the body of the victim from the victim’s back to the victim’s arms to take aboard the victim’s vehicle; and (d) continued to attract the victim’s grandchildren by hand, and (e) had the victim resisted more than three times on the floor.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Each legal statement of witness B and C;

1. Statement on B made by the police (a statement made between the investigative agency of the victim B and this court that correspond to the facts charged in this case is consistent with the legal statement of the witness C who has no interest with the defendant and the victim, and such credibility may be fully acknowledged in light of the victim's legal statement attitude, etc.)

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, does not entirely reflect his/her mistake.

Although the Defendant was sentenced to two years of imprisonment for a crime of fraud on December 18, 2015 and completed the execution of the sentence on December 2, 2017, the Defendant committed the instant crime during the repeated crime period without being aware of it.

They did not receive a letter from the injured party.

In addition, the records of the instant crime, such as the background of the instant crime, the degree of assault, the age, sexual conduct, living environment, and circumstances after the commission of the instant crime, etc., and the punishment as ordered shall be determined in consideration of the various circumstances shown in the previous theories.

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