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(영문) 의정부지방법원고양지원 2020.10.15 2020고단1574
폭행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 56) are marital families and currently pending a divorce lawsuit.

The Defendant, at around 20:30 on May 23, 2020, at the Defendant’s residence located in Pakistan, opened a locked door by the victim returning home after outing the Defendant, and revises the form of the offense by the victim’s statement by keeping the victim’s head with his hand at one time.

Violenced.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendation [decision of type] according to the sentencing guidelines and the scope of recommendation [No person who has a general assault [No person who has a special assault] [the scope of recommendation field and recommendation range], the basic area of recommendation [the scope of recommendation range], and February through October]; and

2. Circumstances unfavorable to the determination of sentence: Domestic violence crimes are crimes that are highly likely to be subject to criticism because they may cause deep wound and pain to family members;

Although the victim suffered mental impulse due to the violent crime of the defendant who is the husband, the defendant has not been able to get able to get out of the victim.

The defendant used violence several times in the past against the victim. In particular, the defendant committed a crime even after he was prosecuted for a special assault case against the victim (this Court Decision 2020Da1100 decided June 26, 2020, sentenced to a suspended sentence of imprisonment for 2 years in June 26, 2020, and currently was pending in the appellate court by the Jung-gu District Court 2020No1612).

The degree of violence is not significantly excessive.

The defendant recognizes his criminal facts.

There was no penalty on the defendant.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime were committed shall be determined as ordered in consideration of the various sentencing conditions shown in the arguments in this case.

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