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(영문) 인천지방법원 2021.01.22 2020고단8954
폭행
Text

Defendant

Each sentence for A and B shall be suspended.

Defendant

The prosecution against C is dismissed.

Reasons

Defendant A, B, and Defendant A (V, 34) are married and married, and Defendant B (V, 34) is in a relationship of internal relationship with C.

1. On December 8, 2019, around 21:40 on December 8, 2019, Defendant A reported that the victim B had a husband of the building D, while reporting that the victim B had a husband of the building D, and assaulted the victim by breaking the victim’s head debt.

2. Defendant B, at the same time, and at the same place as described in paragraph 1, committed assault against the victim by putting the victim’s head debt up against himself, and by putting the victim’s head debt up against him.

Summary of Evidence (Defendant A, B)

1. Defendants’ respective legal statements

1. Application of the Act and subordinate statutes to report on investigation into suspect interrogation protocol (examination of legal principles - Change of the name of crime) to C (Defendant A and B)

1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Article 260(1) of the Criminal Act; selection of fines

1. Defendant A who is to suspend the sentence: Fines of 700,000 won Defendant B: Fines of 50,000 won;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act;

1. The defendants of suspended sentence: Article 59(1) of the Criminal Act (the first offense, the recognition of and reflects on the crimes, the circumstances leading to the commission of the crimes, etc.), each of the defendants (the defendant C), the defendant (the remaining, the 37 years old), and the defendant (the 34 years old), are married, and the B (the 34 years old) is in an internal relationship with the defendant.

On December 8, 2019, around 21:40 on December 21, 2019, the Defendant: (a) committed assault against the victim, who was sprinked by the victim A and B, by putting their head debt from each other, and sprinking the sprinks of the victim.

2. The above facts charged against the Defendant are crimes falling under Article 260(1) of the Criminal Act, and cannot be punished against the victim’s express intent under Article 260(3) of the Criminal Act.

However, on July 28, 2020, after the prosecution of this case, the victim A who expressed his intent not to be punished against the defendant is not punished in this court.

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