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(영문) 수원지방법원평택지원 2020.09.17 2020고단1894
폭행등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 18:50 on July 28, 2020, the Defendant assaulted the victim, on the ground that the victim D (the age of 59) in Pyeongtaek-si B building, and the Defendant’s dwelling place located in Pyeongtaek-si C, and for the reason that the victim D (the age of 59) had a molecular drinking to other males, on the part of the victim, and on the part of the victim, the victim was forced to take the head of the victim by hand and go against the wall.

2. The Defendant, as described in the above paragraph (1), had been abused, entered the house of the victim who escaped out of the house, with the help of the victim, in order to have the molecule's illness and the gambling tool attached thereto.

On July 28, 2020, at around 19:04, the Defendant opened a gate door of the victim who was in front of the entrance door of the victim located in Pyeongtaek-si B building and E, and went into the house and infringed upon the victim’s residence.

3. The Defendant destroyed property damage, at the time and place indicated in the above paragraph 2, on the ground that the victim did not unsatisfy about 100,000 won of the market price, including one cellular phone, which is equivalent to 100,000 won of the market price owned by the victim, and caused damage to property equivalent to 200,000 won of the market price in total by breaking up the string of the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to photographs taken by police officers visiting the scene of victim's statement at the market price of the damaged article in the statement of D;

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Defendant alleged to the effect that the Defendant was in a state of mental disorder or mental retardation under the influence of alcohol at the time of the instant case, and thus, the background, method, and method of the instant crime.

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