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(영문) 부산지방법원 2021.01.28 2020고정1290

특수폭행등

Text

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

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is between the victim B and the husband, and the victim C and the female.

1. On July 5, 2020, the Defendant: (a) around 20:0 on July 5, 2020, at the Busan Young-do apartment, and at the head of Australia, the victim B was in a small room on the ground that the victim B would disregard himself/herself ( approximately 10cm in length, approximately 1kg in weight) and knee and breast part of the victim each time.

Accordingly, the defendant assaulted the victim by using the stones, which is a dangerous thing.

2. From 20:10 to 23:50 on the same day, the Defendant expressed that the victim B entered the victim’s room as the victim’s room in the above residence that he would have expressed about four hours of “the victim B will die, will die and die without being mixed,” and the above door was stamped several times by using the above stones, and a table was stamped in the ward.

Accordingly, the defendant carried a dangerous article and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of each police statement protocol to B and C

1. Articles 261, 260 (1) (a point of special assault) of the Criminal Act and Articles 284 and 283 (1) (a point of special intimidation) of the Criminal Act concerning a crime;

1. Selection of a punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes: Selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is the first offender for the reason of the sentencing of Article 334(1) of the Criminal Procedure Act, the first offender against the crime, and the second sentence of Article 2020, the second sentence of the same day, when the case has been combined, the entire sentencing should be considered.