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(영문) 서울북부지방법원 2019.09.19 2019고단2008
폭행등
Text

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

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Criminal facts

On July 13, 2018, the Defendant was sentenced to imprisonment with prison labor for four months at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) and was sentenced to a two-year suspended sentence on July 21, 2018, and the said judgment became final and conclusive.

On June 9, 2018, the Defendant: (a) around 06:17, at the main point of “D” operated with a person related to de facto marriage in the first floor underground floor in Jung-gu Seoul Metropolitan Government (the 44 years of age); (b) on the ground that the victim did not operate the said business and provided the Internet high-toping, the Defendant: (c) laid down two reinforced glass doors equivalent to approximately KRW 740,00,00 of the market price owned by the victim, and six (d) glass glasss equivalent to KRW 740,00.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs and criminal tools photographs;

1. Previous convictions in judgment: Investigation reports (a suspect's reporting during the period of suspension of execution and confirmation of the fact that a suspect is pending in trial), criminal records, and application of statutes;

1. Article 369 (1) or 366 of the Criminal Act applicable to the crimes and Articles 369 (1) or 366 of the Criminal Act;

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act are the same as the crimes of violence.

While under the influence of alcohol, the Defendant was shouldered with strengthening glass in the main points operated with the victim, and the victim reported to the police, thereby getting out of the police, and the method of committing the crime, such as returning to another place, is dangerous.

The victim is a wife in a de facto marital relationship. In addition to this case, there seems to have been frequent violence in the family, such as that the defendant was suffering from injury or damage to property of the victim and transferred to a home protection case.

Considering the above, the sentence of imprisonment shall be imposed on the defendant, and the decision shall be rendered simultaneously with the crime indicated in the final judgment, the fact that the defendant acknowledges the crime, the victim expresses his intention not to punish the offender.

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