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(영문) 수원지방법원 2014.05.22 2013고정3061
폭행등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant and the victim D(54 years of age) are simple married couple, and the victim E is born between D and the former husband.

1. Around 17:30 on May 27, 2013, the Defendant assaulted the victim, such as assaulting the victim by putting the victim’s left hand hand over and inserting the construction materials in the name of E on the grounds that the Defendant purchased the construction materials in the name of E, on the grounds that the Defendant purchased the construction materials in the name of E, and thereby purchasing the construction materials.

In light of the purport of the defendant's oral argument, it is reasonable to view that the defendant's knife with the victim's left loss in the part where the defendant added the insertion to the victim and caused the victim's left loss." However, according to the records of this case, it is reasonable to view that the defendant's knife with the victim's left loss in the part where the victim knife and added the article in the process of preventing the victim from doing so. In light of the purport of the defendant's oral argument, it is not likely to hinder the defendant's defense even if it does not go through the amendment procedures, and therefore, it is reasonable to recognize criminal facts as stated in the judgment without going through the amendment of indictment.

2. The Defendant causing property damage: (a) with the same date and time as in paragraph (1), at the same place; (b) with the head of the inserted on the ground of the same reason, the Defendant laid down the front left door and blick part of the Glandn Project in the Gland E, which is owned by the victim E, thereby damaging approximately KRW 2,98,956 of the repair cost.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness D;

1. A protocol of partial police interrogation of the accused;

1. Examination protocol of police suspect regarding D;

1. Written estimate of general repair expenses;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article 260(1) of the Criminal Act; Article 260(1) of the Criminal Act; Article 366 of the Criminal Act; and selection of fines;

1. The Criminal Act among concurrent crimes.

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