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(영문) 대전지방법원 천안지원 2019.06.12 2018고정684
특수존속폭행등
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

Defendant

A is the friendly children of the victim B.

1. Special violence;

A. On March 2, 2016, at around 20:00, the Defendant took a bath on the ground that the victim was “satisfing so as to drink” in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, the Defendant: (a) taken a bath on the ground that the victim was “satisfing so as to drink so; (b) taken the victim’s satch with his hand, leading the victim’s satfing to the satch and satfing the satfing, leading the victim into the satfing, and was in danger in the kitchen; and (c) took three times the victim’s face by head.

Accordingly, the defendant carried dangerous things and assaulted the victim who is a lineal ascendant.

나. 피고인은 2016. 3. 15. 20:00경 위 가항과 같은 아파트의 안방에서 잠을 자고 있는 피해자에게 200만 원을 달라고 요구하였고 이에 피해자가 바로 대답하지 않자, 주방에서 위험한 물건인 식칼을 들고 와 피해자의 턱 아래에 들이대면서 ‘돈을 안해 주면 넌 죽는다’는 말을 하며 발로 피해자의 엉덩이를 3회 걷어찼다.

Accordingly, the defendant carried dangerous things and assaulted the victim who is a lineal ascendant.

2. The Defendant, at around 16:00 on March 27, 2016, was drunk at the same place as that of paragraph 1(a) of the same Article, and the Defendant was at the seat of the victim with his/her knife, knife his/her knife, knife his/her knife and knife his/her knife, knife his/her knife

Accordingly, the defendant assaulted the victim who is a lineal ascendant.

Summary of Evidence

1. Each legal statement of witness E and F;

1. The police statement of B (B is unable to make a statement in this court because it died on May 13, 2018, and it is proved that B made a statement under particularly reliable circumstances when considering the witness E’s testimony, so the above statement can be admitted as evidence in accordance with Article 314 of the Criminal Procedure Act)

1. Investigation report (victim statement);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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