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(영문) 인천지방법원 2019.09.20 2019고정1604
폭행
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 20, 2018, at around 19:25, the Defendant assaulted the victim by sprinking and sprinking the victim d (e.g., 61 years of age) who had livedd with drinking water at the Defendant’s residence in Bupyeong-gu Incheon, Bupyeong-gu B building C, on the ground that the victim D (e.g., 61 years of age) who had livedd with drinking water several times.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the instant crime is domestic violence that occurred between the Defendant living together and the injured party, and the liability for such crime is not minor.

Defendant has been punished for violent crimes.

On the other hand, the defendant shows the attitude to recognize and reflect the crime of this case.

In addition, comprehensively taking into account the following factors, such as the defendant's age and behavior environment, relationship with the victim, the developments leading up to the occurrence of the crime of this case, motive means, circumstances after the crime, etc., and the sentencing conditions shown in the present arguments and records, the punishment

(1) In order to recognize that the victim expressed his/her wish not to punish or withdraws his/her wishing to punish the victim in the crime of non-violation of intention, the absence of the expression of intent in the crime of non-violation of intention should be expressed in a way that is obvious and reliable (see, e.g., Supreme Court Decision 2001Do1809, Jun. 15, 2001). According to the evidence duly adopted and examined by the court, the victim expressed his/her wish to punish the Defendant at the police and prosecutor’s stage.

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