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(영문) 창원지방법원 거창지원 2017.12.08 2017고단299

특수폭행등

Text

A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2017 Highest 299] Defendant 1:0 on October 6, 2017, at C Community Center located in Gohap-gun, Gohap-gun, Chungcheongnam-gun on 04:00 on October 6, 2017, the Defendant 1, while drinking together with the victim D (V, 50 years old);

8444,50

In the English language, the victim stated that "Isn't know," and the victim expressed that "Isn't want to see two times in the flusium, Isn't want to see the victim's face," and expressed that "Isn't want to see the victim's face in both hands, Isn't see the victim's face, and Isn't 22 cm in total length and 10 cm in the day on which Isn's hair, which is a dangerous thing in the place, and assault the victim by carrying a dangerous thing in a way that Isl's hair."

On June 3, 2017, 2017, the Defendant, “2017 High 102, the Defendant, on the front side of the F community hall in Gohap-gun E around 18:30 on June 3, 2017, on the ground that the victim D, under the influence of alcohol, she walked twice on the left side of the victim, and walked twice on the part of the victim, and took once on the part of the victim, the part of the victim’s just son.

As a result, the Defendant committed an inception to the extent that the number of days of treatment could not be known to the victim.

Summary of Evidence

"2017 Highest 299"

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Arrest report of the occurrence of the assault damage case;

1. Each internal investigation report (Attachment of photographs, on-site photographs, and attachment thereof), investigation report (for the victim's telephone statement), 2017 Go fixed 102;

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A statement of the occurrence of a case, arrest report, and processing of a reported case;

1. Application of Acts and subordinate statutes to a criminal investigation report (issuance of a warning note of war violence, and a photograph of the upper part of the body);

1. Relevant Article 257(1) of the Criminal Act and Articles 257(1) (the point of injury) and 261 and 260(1) (the point of special violence) of the Criminal Act concerning criminal facts;

1. Selection of a fine and imprisonment with prison labor for special assault against the crime of elective injury in the penalty;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.