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(영문) 대전지방법원 홍성지원 2016.05.24 2015고단1231
특수폭행등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant and the victim C (V, 40 years old) are legal couples.

1. On March 2, 2015, at around 21:00 on March 2, 2015, the Defendant: (a) committed a knife (20cm in length, 40cm in length, 3cm in width, 10cm in width) with the victim, who is under the pursuit of the relationship with other women in the E-cafeteria operated by the victimized person D, and who is in danger of the knife to the victim.

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

2. Intrusion upon residence;

A. On June 2015, the Defendant: (a) around 02:00 to 03:00 on the first day of June 2015, 2015, carried a cargo vehicle with a white ton of 1 ton of the cargo vehicle on the instant E-cafeteria rice hull, in which the victim resides; (b) went beyond the fence and entered the above restaurant and the above restaurant building into the victim’s residence, thereby infringing the victim’s movement.

B. On August 19, 2015, around 02:30, the victim’s residence was invaded in the same way as the above E cafeteria.

(c)

On August 21, 2015, around 03:00, the victim invadedd the victim's residence in the same way as the above E-cafeteria.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant legal provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special assault) concerning criminal facts, Article 319 (1) of the Criminal Act (a point of intrusion upon residence), and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed by a special assault with heavier punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Aggravated Punishment Order, in light of the means and patterns of committing the instant special assault, the risk of committing the crime was exceeded.

I seem to appear.

However, as the defendant agreed with the victim, the victim does not want the punishment of the defendant, the defendant and the victim are not likely to repeat the crime by divorce on May 4, 2016, the result of the sentencing of this court, and the victim are "the victim."

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