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(영문) 서울남부지방법원 2013.05.24 2013고정616
폭행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On October 16, 2012, the defendant living together in a de facto marital relationship after being divorced by C around August 2, 200, around 01:05, the defendant around 01:06 Dong 6004, Yeongdeungpo-gu Seoul Metropolitan Government, on or around October 16, 2012. At the time of this case, the defendant, C (de facto marital), D (1), E (2) resided together in the above B apartment 606 Dong 1004.

The term "F" written indictment for the victim D (n, 29 years old) who is his/her wife in a ward is a clerical error because the victim C (n, 61 years old) was out of the ward and returned back later, by putting the victim C with his/her hand, and tightly cutting off the floor, and the victim D (n, 29 years old) who is his/her father

For this reason, the victims were assaulted on the floor of the victim D at one time by taking the victim D's lives into consideration.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Application of Acts and subordinate statutes, such as on-site reports, etc.;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. Article 334 (1) of the Criminal Procedure Act.

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