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(영문) 청주지방법원 2019.06.05 2018고단2966
폭행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

In around 2001, the Defendant married with the Victim B (AF, 40 years of age).

It is currently in a separate place.

1. On November 20, 2018, the Defendant: (a) 02:25 on November 20, 2018, the Defendant: (b) was living together with the victim of the petition apartment C apartment in the Chungcheongbuk-si, Chungcheongnam-si; (c) “I would be able to live well with another male ditch; (d) I would be able to get a divorce; and (e) the victim was able to get out of the Defendant and come out of the inner door, and assaulted several times of the victim’s neck who was placed on the floor of the Defendant’s launching.

2. The Defendant destroyed and damaged property at the time and place described in the preceding paragraph, as the victim B was assaulted by the Defendant as in the preceding paragraph, and sent back to an emergency room of a nearby hospital, and without any reason, destroyed the market price of the Defendant and the victim’s joint ownership in the said residence, thereby destroying the windows.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to field photographs and investigation reports (Evidence Nos. 14);

1. Relevant Article 260 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of violence and the choice of imprisonment), the choice of punishment for the crime (the point of causing damage and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to four years;

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

(a) Class 1 crime (determination of types of violence) and violent crime [Class 1] general assault [Article 1] basic area (referring to the area of recommendation and recommendation range], February to October;

(b) Second crimes (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property [Article 1] Basic Fields, Imprisonment with labor for April through October;

(c) Scope of recommendations according to the standards for handling multiple crimes: the upper limit of crimes No. 1 in April through March 1.

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