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(영문) 의정부지방법원고양지원 2020.10.15 2020고정506
특수폭행등
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B(n, 66 years old) are married couple.

1. Around 23:50 on January 10, 2020, the Defendant: (a) took a bath while taking a dispute with the victim as a monetary problem within the residence of the building C in Gyeyang-gu, Seoyang-gu; (b) took a brush; and (c) took a brush of a tree, which is a dangerous object that he/she was seated, and assaulted with the victim.

2. The Defendant damaged the property by gathering the victim from the victim, and thereby harming the utility of the property by having the victim wear the front side of the 100,000 won of the market value of the tree jointly owned with the victim, as set forth in the above Paragraph 1.

Summary of Evidence

[Fact 1]

1. Partial statement of the defendant;

1. Protocol of the police statement concerning B;

1. The damaged photograph, investigation report (to listen to the victim's telephone call), etc. of the victim (the victim's victim's phone call), stating that the victim was dead, but did not faced with the victim. However, the victim was faced with the victim's response to the damage, situation at the time, and response of the victim (the defendant was faced with the victim's own interest towards the victim) as stated in

(A) the victim made a statement specifically and consistently. Accordingly, the credibility of the victim’s statement is recognized. [The facts of Article 2]

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

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

1. Article 261, Article 260 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The domestic violence crime with the reason of sentencing of Article 334(1) of the Criminal Procedure Act is not only a crime with a high possibility of criticism, but also a criminal defendant using dangerous articles is considerably poor.

The victim suffered considerable mental impulse due to the crime of this case.

The defendant shall damage the victim in 2019.

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