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(영문) 창원지방법원 2016.02.26 2015고정1360
특수폭행등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant and the victim B (n, 55 years old) are in an internal relationship.

1. On September 9, 2015, the special assault Defendant: (a) made the victim’s neck at the victim’s house located in the 102-dong 704, the old apartment 102-dong 104, who is in doubt of the relationship between the victim and the photographor; (b) made the victim’s neck by hand; and (c) made the victim “I wish to die of this weather.”

The death shall be dead.

In doing the bath theory, “A knife the victim’s knife knife knife knife knife knife knife knife knife knife knife.

2. On September 9, 2015, the Defendant, who did not comply with the demand of the victim to leave the victim on September 17:30, 2015, but did not comply with the demand of the victim on September 17:30, 2015 and stayed until September 17:30, 2015 when the police officer called out by the victim on the victim’s report. Thus, the Defendant, without good cause, refused the victim’s demand to leave.

3. From September 10, 2015, the Defendant damaged the victim’s house at around 16:00 on September 10, 2015, the Defendant destroyed the victim’s 4 points of the forest owned by the victim on the ground that the Defendant did not go back to the victim’s house several times, and did not go back to the victim’s house.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to report internal investigation (the arrest of flagrant offenders);

1. Article 261, Article 260 (1) of the Criminal Act (the occupation of special assault and fine), Article 319 (2) and Article 319 (1) of the Criminal Act (the occupation of refusing to withdraw, the choice of fines), Articles 369 (1) and 366 of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment specified for a special crime of which the nature of the crime is the largest);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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