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(영문) 수원지방법원 2020.04.23 2019고단7134
특수폭행등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On July 26, 2019, the Defendant: (a) around 14:00, the Defendant: (b) considered that, at the Defendant’s residence located on the second floor of the Osan City building B, the victim C (the 50-year-old age), who was the wife of the Defendant, took an examination on the Defendant; and (c) as the victim and the Si reserve had been done, the Defendant was able to take an examination on the Defendant, and was accompanied by the number of the Defendant, one of the strings located at the same time.

Accordingly, the Defendant damaged the property jointly owned by the Defendant and the victim.

2. On July 26, 2019, the Defendant of special property damage, at around 23:00, went out to the above place and went home to drink with the victim, and returned home, and the victim did not live in the house, resulting in a dangerous object being kept in the above residence (38 cm in total length, 11 cm in length) of the market value equivalent to 200,000 won in the living room, on the ground that the victim did not live in the house.

Accordingly, the defendant carried dangerous articles and damaged the property owned jointly by the defendant and the victim.

3. At around 23:20 on July 26, 2019, the Defendant: (a) carried in front of the first floor of the building E in Osan City, Yasi; (b) carried the victim in front of the first floor of the building; and (c) carried the victim, and then cut the victim, “hing the victim,” and “hing the victim,” the victim’s bridge, the body part of the body of the victim, 4 times, kid about 5 times with the victim’s appearance, hing up the victim’s body, hing up the victim’s body, hing up the victim’s body, and hing up the victim’s body.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. A written statement of C and D;

1. The police seizure record and the list of seizure;

1. A investigation report (a CCTV image analysis in which the E building is non-speaked);

1. Application of domestic violence risk investigation signs, photographs of seized objects, and field photographs-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (the occupation of assault to carry dangerous articles), Articles 369(1) and 366 of the Criminal Act to carry dangerous articles concerning criminal facts;

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