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(영문) 대구지방법원 2020.09.22 2020고단3070
폭행등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

On December 13, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for special intimidation by the Daegu District Court on December 13, 2018, and the said judgment became final and conclusive on the 21st of the same month and is still under probation.

Around 10:45 on May 29, 2020, “C” in Yeongdeungpo-si B, Yongcheon-si, 2020, as follows: (a) in the place of collecting scrap metal, the victim D (Nam and 64 years of age), and this dog son, her hand, took a bath of the victim’s bomb by her hand, her blaging the victim’s face, her fingers the victim’s hand, and continuously, the cell phone her hand tried to take a dynamic image as a mobile phone was destroyed by the victim’s hand.

Accordingly, the defendant assaulted the victim, and damaged the amount of the cell phone which is the market price of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the protocol of statement of the police against D, report on internal investigation (Attachment of field photographs), damaged mobile phone image photographs;

1. Article 260 (1) and Article 366 of the Criminal Act (the point of violence), the choice of a fine in regard to the relevant criminal facts, the choice of a fine;

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 under Article 334(1) of the Criminal Procedure Act - The defendant committed the crime of this case during the period of probation for the same crime, but the facts are replaced and reflected, the victim has endeavored to agree with the victim but failed to agree with the victim, support the wife and minor children, and the crime of this case is dismissed by the company.

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