(영문) 의정부지방법원 2015.10.20 2015고단489

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(영문) 의정부지방법원 2015.10.20 2015고단489

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

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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

The defendant is between the victim C (ma, 44 years of age) and the married couple.

On January 7, 2015, around 14:25, the Defendant assaulted the victim's head on one occasion on the ground that, at the Defendant's residence located in Spocheon-si D, the victim met another male, and the victim did not answer it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the choice of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed the instant crime by taking advantage of the fact that he/she committed the crime by taking advantage of violence against the victim who is his/her spouse in violation of the Punishment of Violences, etc. Act in 2006, which was sentenced to a suspended sentence of two years in 1 year and June, 2006, a fine of four million won in 2007, a crime of bodily injury in 2013, a crime of violation of the Punishment of Violences, etc. Act (a collective injury, deadly injury, etc.) in 2013, which was sentenced to a suspended sentence of three years in 1 year and June, and that he/she committed the instant crime by taking advantage of the fact that the defendant committed the instant crime by taking advantage of the fact

However, the victim complained of the defendant's prior action in several times, the sentence of the above suspension of execution should be invalidated if the judgment becomes final and conclusive due to the crime of this case, and if the defendant takes a long time because there is no family member who can engage in economic activities other than the defendant, it would be highly difficult to maintain the livelihood of his family, including the victim, if the defendant takes a long time due to the absence of any other family member, and the defendant's age, character and behavior, family environment, and the other things of the defendant's age, character, family environment.

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