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(영문) 대구지방법원 2020.07.22 2020고단837

특수폭행등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. A special assault and injury Defendant was a person who is receiving a treatment of alcohol respect in the C Hospital located in Cheongdo-gun B, and was drinking together with F, etc., at the Cheongdo-gun D, Cheongdo-gun D, on January 19, 2020, when the said F, by categorying the victim G (48 years of age) who was in the said restaurant, was sexually indecent act against the victim before towing, and the said F, by categorying the victim G (48 years of age) who was in the said restaurant, she made a defect. The victim’s ter B, she she called “Chewing knick kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn

As a result, the Defendant, carrying dangerous things, assaults the victim, and inflicted an injury on the right side of the victim, such as the lag, where the number of days of treatment can not be known.

2. 폭행 피고인은 2020. 1. 19. 17:50경 청도군 B에 있는 C병원 2층 흡연실에서, 피해자 H(35세)가 위 G과 대화하고 있는 것을 보고 피해자에게 다가가 시비를 걸고, 피해자에게 “개새끼야. 씹새끼야. 좃만한 새끼야.”라고 욕설을 하며 주먹으로 피해자의 얼굴을 1회 때렸다.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of I, G and H;

1. Application of Acts and subordinate statutes to each investigation report (the Nos. 9 and 10 of the evidence list), each internal investigation report (the No. 2, 3 of the evidence list);

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (the point of special violence), Article 257 (1) of the Criminal Act (the point of injury), Article 260 (1) of the Criminal Act (the point of violence), and the choice of fines for negligence;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following circumstances, Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the arguments in the instant case.