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(영문) 의정부지방법원 2015.06.02 2014고단4764
폭행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 1, 2014, the Defendant assaulted the victim C (the 34 years of age, female) who is a son of the Defendant at the Defendant’s residence at Yangju-si B, 301 Dong 104, on the ground that her mother would have changed her “the money” at her mother.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report criminal investigations (specific criminal facts);

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70(1) and 69(2) of the Criminal Act (one day, one million won conversion);

1. The defendant and the victim, on the grounds of sentencing under Article 59(1) of the Criminal Act (a grace period: a fine of 300,000 won) of the suspended sentence, are not relatively more severe than once in the form of the act in this case between South and North Korea.

The reason why the defendant, who caused the victim to be divorced, suffers from ties and depression at home, and the defendant, who caused the loss of her mother's money to be claimed, was the victim's speech and dispute with the victim at the Jamiwon and caused the crime of this case, is the reason to consider.

In addition, the defendant judged that there is little need to punish the defendant since he/she led to confession and reflects the crime of this case as the first offender who has no criminal power up to now.

In addition, in full view of various circumstances, such as the age, character and conduct of the defendant, the details and motive leading to the crime of this case, and the circumstances before and after the crime of this case, the sentencing conditions as shown in the records and arguments shall be sentenced as the disposition.

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