(영문) 인천지방법원 2021.01.13 2020고단6264

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(영문) 인천지방법원 2021.01.13 2020고단6264

폭행등

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

The defendant is in a legal marital relationship with the victim B (26 years of age, women).

At around 02:40 on March 8, 2019, the Defendant was unable to leave the Defendant’s inside the wall of Seo-gu Incheon Metropolitan City apartment D, due to the assault of the victim, such as the defect that the victim would come to her mind while assaulting the victim in a manner that she would go to her friendship, she would go to her head and fright of the victim, and she would go to go to her inside the inner part of the wall of Seo-gu Incheon Metropolitan City.

Accordingly, the Defendant reported the victim 112 and detained the victim for about 1 hour and 50 minutes before the police officer arrives.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Relevant Article 276 of the Criminal Act concerning the facts constituting a crime, Article 276 (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. Sentencing sentencing under Article 334(1) of the Criminal Procedure Act is not good in light of the circumstances leading up to the defendant's confinement of the injured person as stated in the judgment and the attitude of confinement. However, considering the fact that the injured person does not want the punishment of the defendant, the punishment is determined as ordered by taking into account the following factors: the defendant's age, sex, and circumstances after the crime.

Rejection of Public Prosecution

1. The summary of the facts charged is as follows: (a) while the victim is placed in C Apartment D’s apartment site on March 8, 2019, the Defendant: (b) made a telephone phone of the victim with male and a carcaro chine room on the victim’s cell phone; (c) reported that the contents of the transfer conversation were crossed out; and (d) reported that the Defendant’s external intention was doubtful, the victim was pushed down the victim’s neck after cutting the victim down on the floor; (d) opened the victim’s inner part of the victim’s inner part; and (e) assaulted the victim by means of selling the arms.

2. The facts charged in this part of the judgment are crimes falling under Article 260(1) of the Criminal Act, and are the same Act.

참조조문

유사 판례

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