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(영문) 수원지방법원 성남지원 2020.05.14 2019고합255
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:00 on June 27, 2019, the Defendant: (a) committed assault and assault on the part of the Defendant, who was in a legal marital relationship with the Defendant in Yongsan-gu Seoul Metropolitan Government, for the reason that the Victim C (M, C, 37 years of age) returned home late at home; and (b) committed assault by being towed by the Defendant.

2. On August 14, 2019, at around 14:00, the injured Defendant: (a) took a dispute arising from divorce with the victim at the site of the E Corporation located in Gwangju City where the victim works, and (b) took the victim’s head at his/her hand with his/her hand, and (c) led him/her to the head of the victim; and (d) took a sloping bridge and the part on his/her ship to walk the bridge and the part on his/her ship in several occasions, and there was no open 2 weeks of treatment.

3. Around 14:35 on August 19, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) committed assault by the Defendant on the ground that the victim reported and made a statement about the facts set forth in paragraphs (1) and (2) at the places set forth in paragraph (2) on the ground that he/she reported himself/herself about the facts, thereby putting him/her up his/her head and face, leading him/her up his/her head and face, and

Summary of Evidence

1. Application of Acts and subordinate statutes to the police's statement F to the defendant's legal statement C, each written complaint prepared by C, the injury diagnosis report, and the family environment investigation report prepared by the defendant;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act that apply to the crime, the choice of the punishment, Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 260 (1) of the Criminal Act (a point of such violence);

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [ within the scope of adding up the long term of each offense provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the largest punishment, to concurrent crimes];

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for one year to 39 years;

2. The types of recommendations according to the sentencing criteria.

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