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(영문) 수원지방법원성남지원 2020.09.17 2020고단1888

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 28, 2020, at around 02:08, the Defendant, while engaging in a dispute with the victim D (the age of 50) in Seongbuk-gu A, Sungnam-si, Around 02:08, the Defendant used the risked things, so that the victim's face has been collected, and the Defendant used the breath and pushed the breath of the victim's breath, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the investigation report of the protocol of interrogation of the police suspect regarding D (CCTV video acquisition and confirmation);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant’s act of committing the instant crime is a very dangerous form of crime that may cause serious injury to the victim’s face.

Prior to the instant case, the Defendant has been punished for several crimes related to assault and bodily injury.

However, the defendant is against the crime of this case, and the victim does not have any substantial damage due to violence because he/she does not comply with the remaining after the victim's happiness.

After the case is between the defendant and the victim, the victim does not want the punishment of the defendant.

Other circumstances revealed in the trial process of this case, such as the age, character and conduct, family relationship, environment, and circumstances after crimes, shall be determined as ordered by the court.