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(영문) 수원지방법원 2018.01.26 2017고단5849
폭행등
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C (the 69 years of age) have been divorced before 16 years, but even after the divorce, they have been continuously living until now, and the victim D (the 44 years of age) has a father-child relationship.

1. The Defendant’s assaulted the Defendant’s speech that the Defendant would not make any speech at the Defendant’s end that the Defendant would not make any speech of the Victim C at around 19:00 Suwon-si, Suwon-si E and Dong 203 on July 14, 2017.

"To make a bath," and assaulted the victim C at one time with a bad hand.

2. On July 16, 2017, around 14:24, at the same place as Paragraph 1, the Defendant destroyed property and damaged its utility by destroying the property equivalent to KRW 150,000 of the market price, such as: (a) the Defendant, using an Oratoakikikik, kis to cut off the string of the strings, and to walk the string of the strings, on the ground that the victim D does not open the string number; and (b) the opening of the door.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made with respect to C and D;

1. Investigation report (to make DNA calls for witnesses and listen to C telephone statements for witnesses);

1. Application of Acts and subordinate statutes to the damaged parts of photographs, each 112 reported case handling table, and damaged photographics;

1. Relevant Article 366 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, and the choice of imprisonment for a crime;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [Crime of Violence] Article 62(1) of the Basic Field 1 (Crime of Violence - October) / [Crime of Property Damage] 1 (Crime of Property Damage, etc. - 6 months and where actual damage is minor) / February - January - January 1 (the recommended scope of punishment / January 1 (the sum of 1/2 of the upper limit of the sentence scope of property damage to the upper limit of the crime of basic assault) committed the instant crime on the line of extension of domestic violence that has been continued for 47 years to be living together with the victims and their family members.

There was no agreement with the victims.

The victims have committed violence against the defendant.

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