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(영문) 의정부지방법원 고양지원 2015.07.10 2015고단474
폭행
Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C (the age of 42) are legally married in the marital relationship. On January 24, 2015, the defendant was admitted to the crime of assault by taking advantage of the victim on or around January 24, 2015. On January 26, 2015, the defendant was ordered to leave the victim's house immediately from D, B, 303, and not enter the victim's residence until March 15, 2015.

Nevertheless, on February 17, 2015, the Defendant violated the above order and waited for the victim to return home without permission. On February 20, 2015, the Defendant sought a divorce from the victim who returned home at around 09:20 on February 20, 2015, and assaulted the victim’s right hand by taking into account the victim’s right hand.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of statutes on ad hoc measures;

1. Relevant Article of the Criminal Act and Article 260 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. Sentencing Criteria for sentencing under Article 62-2 of the Criminal Act: Violence crime, assault crime, Type 1 (general assault), basic area, imprisonment with labor for two months to ten months has continued to be domestic violence against victims and their children, and a domestic protection case has been subject to a disposition of violence against a victim, and ad hoc measure has been issued by the court by assaulting the victim, and committed the instant crime of assaulting the victim by entering the victim's residence in violation of this provision even though ad hoc measure is decided by the court.

There is no record that the defendant is subject to criminal punishment for violent crimes.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.

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