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(영문) 대전지방법원 천안지원 2017.03.16 2016고정569

특수폭행

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On February 20, 2016, around 15:55, the Defendant: (a) was running on the street in the front of the “The Vice Commissioner of the D.D.” located in Asan City C, and (b) was fluored by the lower pande of the container owned by the Victim F ( South, 47 years old); and (c) container was melted.

When a victim requests the defendant to compensate for a container, the defendant was put to the defendant, and the defendant tried to restore the container to its original state by using each item in the surrounding area, and then the victim said that "the victim was about to do so."

In other words, the victim set a retail of the defendant, and the defendant was dissatisfied with the victim's abusive theory, and the defendant was faced with his body several times by drinking a part of the victim's entrance.

In addition, the defendant collected each item, which is a dangerous object (any item, which was used as a main unit in the vicinity of the container when a container used with such shocked shocked shocked shocked shocked shocked shocked as above), and led the victim several times.

After all, the Defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. On-site photographs and photographs (data photographs submitted by the suspect F) / (the defendant asserts that there is no fact that he/she drinks the victim's fright, and that there is no fact that he/she displays each item.

However, the victim’s statement on the criminal facts of the defendant is consistent from the date immediately after the occurrence of the case to this court, and the victim’s statement may be trusted in light of the circumstances of the case and the circumstances surrounding the dispute between the defendant and the victim.

The defendant's assault (the fact that the defendant's assault was committed on the part of the victim's entrance, and the fact that each item was displayed towards the victim) is proved without reasonable doubt.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 261 and 260(1) of the Criminal Act concerning criminal facts (Punishment).