logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.06.27 2018고단5311
특수폭행
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 53) are people in a de facto marital relationship living from around 2001.

On June 24, 2018, at around 23:30 on June 24, 2018, the Defendant: (a) expressed the victim’s desire to drink alcohol within the Defendant’s residential area located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, and Yeongdeungpo-gu, Seoul and D, and without any reason, that “the victim is a bitch son, friend, friend, friend, friend, friend, friend, friend,” and (b) laid the victim’s head, friend, and f-7 times the victim’s head, friend, and friend.

The defendant continued to get off one time on the victim's head, citing a shot-type excursion ship cleaning machine (1m in length), which is a dangerous object.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Court statement of the defendant (which is made on the sixth trial date);

1. The police statement concerning B;

1. Investigation report (Attachment of 112 Report List for Handling Cases);

1. Investigation report and telephone communications for reference;

1. Voluntary report;

1. Application of each statute on photographs;

1. Relevant Article 261 of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, the choice of fines concerning criminal facts;

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

1. In light of the Criminal Procedure Act’s reasons for sentencing under Article 334(1) of the Provisional Payment Order, the crime is inferior and has the same criminal records, on the other hand, the defendant has been found to be late and wrong, and the victim does not want the punishment of the defendant under the agreement with the victim, the defendant’s health is not good, and the defendant’s age, character and behavior, environment, relationship with the victim, degree of damage, motive, means and consequence of the crime, etc., and all of the sentencing conditions as shown in the trial after the crime are considered.

arrow