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(영문) 대구지방법원 김천지원 2017.08.17 2017고정257

특수폭행등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 16, 2013, the Defendant committed assault in the same way on four occasions on the part of the victim’s grandchildren, on the ground that the victim C (19 years of age) did not remove hot water resistant water plugs (electric heat plugs) in the Chys room in the 1968 Incheon Youth Prison B, Kimcheon-si, Kimcheon-si, 1968, as of October 16, 2013.

2. Special assaulting around October 17, 2013, the Defendant: (a) caused the victim to leave the front room in the front room of the pertinent correctional institution D (hereinafter referred to as “D”); (b) and (c) caused the victim to do so for cleaning a dangerous object (hereinafter referred to as 1m 26m in length) three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Seizure records;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Articles 261 and 260(1) of the Criminal Act (the point of special violence) and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;