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(영문) 의정부지방법원 2015.12.04 2015고단3847

특수폭행등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Defendant A

가. 특수폭행 피고인은 2013. 12. 23. 01:00경 오산시 D에 있는 ‘E’이라는 음식점에서 일행들과 함께 술을 마시던 중, 옆 테이블에서 술을 마시던 피해자 F(24세)이 자신들을 “짱깨 새끼들”이라고 말하면서 비하한다는 이유로 피해자의 담배를 빼앗고, 모자를 손으로 치면서 시비하였다.

Accordingly, the above victim prices the head of the defendant to be the main of the disease, the victim was suffering from the illness of the defendant, the victim was suffering from the disease of the main, and the defendant was suffering from the disease of the main, which is a dangerous object against this, and the victim was suffering from the inner part of the victim due to drinking.

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

B. The Defendant damaged the property by destroying the victim’s physical fighting at the time and place specified in the preceding paragraph, with the victim’s physical fighting at the time and place specified in the preceding paragraph, and using the victim’s G’s market price, which was kept in the said restaurant, and destroying the equipment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each statement G and C;

1. Each police investigation report;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261, 260 (1), and 366 of the Criminal Act concerning the selection of punishment, and Article 366 of the Criminal Act;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Conditions unfavorable to the reasons for sentencing under Article 334 (1) of the Criminal Procedure Act: The act of violence against others and the act of damaging other persons with dangerous articles; and

In light of the favorable circumstances: (a) the Defendant had no record of crime in the Republic of Korea; (b) agreed with the victims; and (c) was injured by an injury, which is a dangerous object from the victims, while resisting the horses that are not good by the victims; and (d) committed the instant crime.