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(영문) 수원지방법원 2018.01.24 2017고정1867

특수폭행

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

At around 11:00 on December 12, 2016, the Defendant: (a) fleeped the fat of the victim D (son, 29 years old); (b) fleeped the head and face of the victim D (son, 29 years old); (c) fleeped the head and face of the victim E (son, 31 years old); and (d) flicked the head and face of the victim E (son, 31 years old); and (c) flicked the head and face of the victim E; and (d) flicked the victim E by drinking.

The Defendant continued to cut the victim's house glass by drinking it, and then laid the glass view, dumping the victim E, dumping the victim E, dumping the victim E, and dumping the victims who were flabed in the same direction.

Accordingly, the defendant committed violence to victims by carrying dangerous articles.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. A report on investigation (in case of 8 pages of investigation records);

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act (a point of special assault) and the selection of fines for the crime;

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

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order asserts that the defendant's act of taking the victim's head debt constitutes a legitimate defense. However, in light of the circumstances of this case and the method of exercising the defendant's tangible force acknowledged by each evidence of the ruling, it cannot be deemed that the defendant's act of attack at the same time is an act of defense and has the nature of an attack, and it does not constitute a legitimate defense.

Therefore, the defendant and his defense counsel are not accepted.

[Judgment]