beta
(영문) 대전지방법원 천안지원 2016.12.16 2016고단2164

특수폭행

Text

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

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

Reasons

Punishment of the crime

Around 00:00 on September 9, 2016, at the main point of “D” operated by the victim C (the 43 years of age and South) in Asan City B, the Defendant intending to drink with the offender on the ground that the victim had previously failed to do his/her behavior, and took a bath for the victim. The Defendant used the victim’s head on the part of a beer disease, which is a dangerous object in his/her place during his/her singing club, and the victim was able to do so.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Taking into account the fact that there was a record of being sentenced to a fine several times for the same kind of crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the time when committing the crime, the fact that there was no enemy who was punished for the same crime since 2006, and the fact that there was an agreement with the victim, etc.