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(영문) 서울서부지방법원 2020.02.12 2019고단3908
특수폭행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 4, 2019, around 15:10 on October 15:10, 2019, the Defendant used the victim C (the 61 year old) who had conflicted due to the problem related to the study fund of the defendant's defendant's defendant's defendant's office in the outside of Yongsan-gu, Yongsan-gu, Seoul, to take a bath, such as "two years and the same opening," and used a brue (the length US) that is a dangerous object that has been brought about by his hand (the middle part of the defendant's office's house was presumed to have been 1/3 times the total length of the defendant's house) and used the victim as a brut with the victim.

Accordingly, the Defendant assaulted the victim with a dangerous object as above.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against the defendant or C;

1. A C statement;

1. Photographs submitted;

1. A investigative report (STV image verification);

1. Application of the Act and subordinate statutes to a investigative report (CCTV CD verification report);

1. Articles 261 and 260 (1) of the Criminal Act applicable to the crimes;

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 is that the defendant is a student, or is an initial offender.

However, although the victim is her mother, although there was a conflict of property between the family, and even if it is assumed that the victim was her own child due to severe speech, the crime of this case, which threatened the defendant as her mother, is not simple, but can not be easily used.

The victim has presented some conditions for the agreement, but the data that the defendant implemented is not submitted.

The punishment shall be determined in consideration of the defendant's age, character and conduct, environment, motive and consequence of the crime.

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