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(영문) 광주지방법원 2019.11.29 2019고합257
특수폭행등
Text

A defendant shall be punished by imprisonment for not more than ten 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

Defendant

The applicant for medical treatment and custody (hereinafter referred to as the "defendant") was between the victim B (the female, the 46 years of age) and the married couple.

1. Around February 2, 2019, the Defendant, at the dwelling space of the Defendant in Yangyang-gun, Namyang-gun, C apartment D, on the ground that the victim had returned home late, was laid back to the upper body of the victim who was living in the dwelling room for the reason that the victim had been staying late, and then the body frame (a 30 cm, length 30 cm, height 5 cm) which is a dangerous thing on the part of the victim’s neck was set up, and the Defendant was divided into two descendants of the victim.

Accordingly, the victim, knee, knee, sealed the defendant with the victim's hand, pushed the defendant into the living room floor, and the escapeer, and the defendant assaulted the victim's head at three times with a view to dangerous objects being kept in the front gate (90cm in length, 50cm in diameter, 50cm in diameter).

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

2. On February 21, 2019, from around 16:40 to 17:10, the Defendant damaged the victim’s clothes at the same place as the preceding paragraph, and the victim, who had resided in the same household due to domestic violence of the Defendant, sought to have his own clothes “I am alle, if you want to go back, I am alle?” while the victim stated that “I am alle, I am alle, I am al., if you want to go back.” The Defendant damaged the Defendant’s 50,000 won

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant provisions of the Criminal Act and Articles 261, 260 (1) of the Criminal Act (the point of special violence and choice of imprisonment), and 366 of the Criminal Act (the point of destroying and damaging property and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

1. Suspension of execution is Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).

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