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(영문) 창원지방법원진주지원 2020.08.19 2020고단892

특수폭행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 16:55 on May 3, 2020, the Defendant took the attitude that the victim C (the 65-year-old age) was living together with the victim in a manner that the victim C (the 65-year-old age) was not able to read, “A, anywhere,” etc. on the ground that the victim C (the 65-year-old age) was not able to see, in his hand, the victim’s part of the neck was pushed up once, and harming the victim, and then, the victim was able to dint the dangerous object, which is the dangerous object. The Defendant used the victim’s scapfing away from the victim, thereby assaulting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of the Acts and subordinate statutes governing the table of 112 Reporting Cases;

1. Relevant Article 261 of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, the choice of fines concerning criminal facts;

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

1. Recommitting a crime during the suspended execution period for another crime with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, which is different from the provisional payment order.

The risk of crimes is high in light of the means and methods of crimes.

However, the victim shall not be punished.

There is no penalty for the same kind of crime.

Other factors such as the health status of the defendant are considered.