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(영문) 부산지방법원 2020.05.22 2019고단3867
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Victim B (the 50-year-old) is the spouse of the defendant.

1. On June 22, 2019, at around 18:30 on June 2, 2019, the Defendant indicated a complaint on the victim’s appearance in the Defendant’s residence located in the Busan Dongdong-gu, Busan, on the part of the Defendant, on the part of the Defendant, who is not aware of the Defendant’s external rating, and did not pay the Defendant’s living expenses, the Defendant blicked the victim’s booms and head with the her hand, her strings, and walked his her string, and her strings and walked his strings in the kitchen, and 20cm, which is a dangerous thing for the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant damaged property by putting together a variety of equipment, such as a person who was in the house, a person who was in the house, or a person who was in the house, or a person who was in the house, was in the house, on the same date and place as described in paragraph (1).

Accordingly, the defendant damaged the property in the market in common with the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A written decision on urgent ad hoc measure;

1. Photographs related to domestic violence [the defendant and his defense counsel denied some charges, but this part was deleted as Amendments to Bill of Indictment]

1. Relevant Articles 261 and 260(1) of the Criminal Act (the point of special violence), Article 366 of the Criminal Act (the point of destruction and damage of property), and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 crime (Special Violence Decision) (Special Violence / [Determination of Punishment] Violence / [Type 6] No repeated crime, special Violence (Special / Special /Special / (Special / Recommendation field and Recommendation / Scope of Recommendation)] basic area, imprisonment with prison labor for up to April 10 months;

(b) Group 2 crime (determination of types), destruction of property (determination of types), destruction of property [Class 1] destruction of property, etc. [No person who is a special person], and recommendation field.

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