(영문) 대전지방법원 2020.01.10 2019고단3703

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자간(%)

(영문) 대전지방법원 2020.01.10 2019고단3703

상습폭행등

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

On June 27, 2019, at around 22:45, the Defendant: (a) laid down the lecture log into the floor of the living room on the ground that the Plaintiff’s strong land was baring from the Plaintiff’s key, and (b) laid off the air conditioner and the television air conditioner on the wall where the defect was found, and destroyed the air conditioner and the television condition agreement owned by the victim with no knowledge of the market price by leaving the air conditioner and the television air conditioner on the wall where the defect was found.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of the Acts and subordinate statutes governing the photographs of damaged air-conditioners and television-conditionor;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that, on May 17, 2018, the defendant was punished several times by a fine due to violent crimes, and again committed the instant crime after three months after being sentenced to imprisonment with prison labor for the crime of injury to the victim on May 17, 2018. However, the defendant recognized the mistake of the defendant, and the victim is against his/her intention to punish the defendant, and the defendant's age, character and conduct, family relation, motive and circumstance of the crime, means and consequence of the crime, etc., and the various conditions of sentencing indicated in the arguments and records, such as the circumstances after the crime, shall be determined as ordered

Public Prosecution Rejection Parts

1. On June 27, 2019, the Defendant: (a) around 22:45, at the center of the victim C, who was denied in Daejeon-gu, Daejeon-gu; (b) at the terminal of the victim C, the victim’s body was pushed away with the victim’s son’s son’s son, and walked in several times; and (c) the victim’s hand who tried to report by continuously using the cell phone, knife his son’s cell phone, and then changed his cell phone.

참조조문

유사 판례

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