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(영문) 창원지방법원 통영지원 2017.11.30 2017고단1100

특수폭행

Text

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

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

Reasons

Punishment of the crime

On April 1, 2017, at around 14:15, the Defendant: (a) around 14:15, around 15, 2017, in D, the victim E (60 years of age) who was waiting to purchase beer, was leading to the shopping car, while waiting in the front of the calculation team, leading the shopping car, leading the Defendant to a change in the passage of the shopping car; (b) he gets the shopping car of the victim by cutting the shopping car on his own; (c) booming the victim’s breath; and (d) booming the victim’s breath, which is a dangerous object bread by the breath, and displayed the victim’s breath left shoulder.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. The application of Acts and subordinate statutes to internal investigation reports, each investigation report, and CCTV video CDs;

1. Article 261 of the Criminal Act and Article 260 (1) of the same Act concerning the facts constituting an offense. Article 260 (Selection of Penalty)

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 is under the influence of alcohol, and the method of committing a crime is not good and dangerous, and the victim did not reach an agreement with the customer.

In addition, one defendant has the same criminal history.

However, considering the fact that the Defendant appears to have been under the influence of alcohol due to the side effects of the pharmacologic treatment, etc. (Evidence No. 46 of the evidence record, a medical treatment confirmation certificate of the Defendant’s parent less than 66 of the evidence record, a written statement of the evidence record less than 66 of the Defendant’s parent), the Defendant’s parents do not have any other criminal record than a single fine, and the Defendant’s parents are preventing recidivism through the treatment of the Defendant.