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(영문) 수원지방법원 성남지원 2019.01.16 2018고정1149
특수폭행등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 5, 2018, at least 06:30 on August 5, 2018, the Defendant: (a) committed assault against the victim D, who resides in the side house, with a view to the victim’s head, who is under influence of alcohol at the Defendant’s dwelling (2:5cm in length: 5cm in length; 28cm in length; 28cm in length); and (b) when the victim D, who resides in the side house, resisted the victim’s head.

2. Around 11:20 on the same day as the above 1.20 days, the Defendant damaged the utility of the victim by opening a door of his residence in the victim’s residence No. 2 E, Sungnam-si, and facing with the victim’s entrance door, and destroying the victim’s entrance door by impairing the victim’s use, such as flaging the victim’s residence door to flag.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. A photograph of damage, fluor photograph;

1. 112 Report Processing List (the defendant asserts that there is no fact that he has displayed a view against the victim and damaged a view of the victim's residence; however, according to the above macroscopic evidence, the above argument can be sufficiently recognized as constituting the crime in the judgment, and thus, the above argument is not accepted).

1. Relevant Articles 261 and 260 (1) of the Criminal Act (the point of special violence), Article 366 of the Criminal Act (the point of destruction and damage of property), and the selection of fines for each crime;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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