특수폭행
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On March 2, 2017, around 01:42, the Defendant assaulted the victim as a result of the victim E (37 aged) and calculation with respect to the “D convenience store” of the Government-si, the manager of the place in question, who purchased the goods in question, and as a matter of time, boomed one hand the victim’s breath, which was a dangerous object left above the calculation unit for the Defendant to continuously purchase, and used the victim as a beer disease, which was a dangerous object left above the calculation unit, twice.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. On-the-spot report (on-site visual image analysis-explics of visual images of visual slabs in the field);
1. Application of Acts and subordinate statutes on the card sales slip used by the person under consideration;
1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act with respect to the facts of a crime (opportune selection);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (based on the choice of penalty) of the Criminal Procedure Act (applicable to the sentencing guidelines) is that the defendant did not know about during the repeated period, and assault the victim with the manager of convenience stores who was regarded as being in need of time with the victim due to the calculation problem, and the liability for the crime is not somewhat weak.
There is a record that the defendant was punished for violent crimes.
However, the defendant's mistake is recognized and depthed.
It did not directly assault the body of the victim due to beer's disease, and only agreed with the victim.
The defendant has a disability of the fourth degree due to the delay in the ordinary functions of the defendant.
In addition, in consideration of various sentencing conditions, such as Defendant’s age, sex, motive, means and consequence of the crime, and circumstances after the crime, the sentence of a fine seems to be too harsh, and the sentence shall be determined like the order.