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(영문) 서울동부지방법원 2016.06.23 2015고단3987
폭행
Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

On May 1, 2015, around 06:50, the Defendant found the victim D (n, 49 years of age) who is the wife of the Defendant in Songpa-gu Seoul, and the victim E (n, 16 years of age) who is his/her father, and was living together with the victim E (n, 16 years of age). While the victim D had an opportunity to enter the victim's residence, the victim D was able to take away food waste, he/she was able to have the victim's shoulder d's shoulder that d's head with the defective victim E's head knife, was pushed off with the front door, was pushed up with the victim's knife in order to remove food waste.

Summary of Evidence

1. Partial statement of the defendant (the third public trial date);

1. The witness D and E’s each legal statement (as to the assault against the victim D, the defendant asserts that the victim D only reported the defendant at the time and place recorded in the crime in the judgment, and that the victim D was married, and that there was no assault by the defendant.

However, in full view of the following circumstances admitted by each of the above evidence, the defendant's assertion is not acceptable, since the defendant's assaulted victim D is sufficiently recognized.

1. D consistently with the police and the court, that the defendant has broken down the victim D's shoulder.

statement is made.

E was unable to directly witness the face of the Defendant’s house structure, but E’s statement is consistent with D’s statement because the Defendant appeared immediately after entering the house.

② While the Defendant wanted to communicate with D, D was avoiding a meeting with the Defendant, and D had a sufficient motive for the Defendant to leave the house after entering D to prevent the Defendant from escape.

Application of Statutes

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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