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(영문) 울산지방법원 2020.11.26 2020고단767
폭행등
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

The defendant and the victim B(n, 46 years old) are legal marital relationships.

At around 00:30 on December 16, 2019, the Defendant destroyed the victim’s cell phone by gathering the victim’s cell phone as a wall and leaving the victim’s cell phone as a wall, leaving the victim’s cell phone in a household, leaving the victim’s door, leaving the victim’s cell phone, leaving the victim’s cell, leaving the victim’s cell house, and destroying the victim’s cell phone with the amount of KRW 1.2 million in the market price, one cell phone with the amount of KRW 1.2 million in the market price, one bank with the amount of KRW 60,000 in the market price, one bank with the amount of KRW 60,00 in the market price, and one external injection with the amount of KRW 4.90

Summary of Evidence

1. Application of Acts and subordinate statutes to police reports on the defendant's statement B concerning the defendant's legal statement;

1. Article 366 of the Criminal Act applicable to the crimes and Article 366 of the Election of Imprisonment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is committed on the grounds of sentencing of Article 62(1) of the suspended sentence. The crime of this case was committed by the defendant, when the defendant was dissatisfied with the victim who is his spouse, and the means of damage, speech or behavior, and the process of the crime was considerably threatened, not merely causing property damage, but also causing property damage, and the victim was faced with an uneasiness for a long time, and thus the victim was subjected to a decision of ad hoc measures for prohibiting access. Although the victim agreed upon the victim's voluntary consent, there was a risk of repeating the crime because the victim had been injured or cruelly committed by women in de facto marriage or in a relationship of relationship with the victim, when considering the victim's violent criminal records and criminal facts, the crime was committed by the defendant, and there was a brupted wife of the victim. On the other hand, taking into account the motive and background, method and consequence of the crime, the circumstances, age, age, and criminal record.

Public Prosecution Rejection Parts

1. The Defendant is only the body of the Defendant, at the time and place indicated in the facts charged, and at the time and place indicated in the judgment.

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