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(영문) 서울중앙지방법원 2020.07.24 2019고단6266
존속폭행등
Text

Defendant shall be punished by a fine of KRW 9,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Around February 6, 2018, the Defendant was assaulted by the victim D (79 years of age) who was put by the Defendant’s house located in the Dongjak-gu Seoul Metropolitan Government B apartment C at an interview with the investigator in relation to the application for adult guardian and did not give favorable answers to the Defendant. On the ground that the victim D (79 years of age) did not give favorable answers to the Defendant, the Defendant was bleeped on the floor by drawing the breath of the victim who was accumulated in the bed and drawing the bridge into the bed and b

2. The Defendant damaged property at the same time and place as that of paragraph (1), and the victim D’s market price of KRW 800,000,000, G5 mobile phone equipment was collected on the ground floor, thereby damaging the property of the victim.

Summary of Evidence

1. The defendant's legal statement (the sixth court date);

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

1. Each legal statement of witness E and F in the second protocol of the trial;

1. Entry of witnesses D' legal statements in the third protocol of trial;

1. A protocol concerning the suspect examination of some of the accused;

1. A protocol concerning partial examination of suspect with regard to G;

1. Each police statement made to D, E, F, H, and I;

1. Recording notes of the examination of witness;

1. A complaint;

1. Report of investigation (including particulars of receipt of the case and measures therefor);

1. Notification of domestic violence accusation case;

1. Reporting of investigation (Submission of evidence by a private defense counsel of a suspect);

1. A report on investigation (report on confirmation of the mobile phone ownership damaged);

1. Investigation report (the result of inquiry into the victim's DNA cell phone subscription);

1. Submission of data by proxy of the victim - Photographs outputs;

1. The inquiry report concerning the fact-finding;

1. Investigation report (Submission of a victim's photograph);

1. Opinion of the complainant agent - Application of Acts and subordinate statutes of the written injury diagnosis;

1. Article 260 (2) and (1) of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each selective fine for punishment (see, e.g., “the grounds for both punishment” below);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the instant case.

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