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(영문) 의정부지방법원 2018.12.27 2018고단4835

특수폭행

Text

Defendant shall be punished by a fine of KRW 1,000,000 (one million).

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

Reasons

Punishment of the crime

On August 22, 2018, the Defendant was sentenced to three months of imprisonment for a crime of fraud at the District Court of Subu District on August 22, 2018 and the judgment became final and conclusive on November 2, 2018.

The Defendant was dissatisfied with the following: (a) his mother, who is a dynamic B, was dissatisfied with the victim C ( South, 45 years old).

On July 28, 2018, the Defendant stated in the indictment No. 4, 105 Dong 501, which was the facts charged in the indictment of Gyeonggi-gun D and 105 Dong 501, around 09:00 on July 28, 2018, is correct ex officio on the grounds that the Defendant is a clerical error, and that there is no substantial disadvantage to Defendant’s defense.

b. Doz. b. that he/she will die in his/her residence under the influence of alcohol.

“I ambiated and hump, and thrown the victim’s room, and thrown the victim’s room, “I ambiful gue death.”

The term "I ambling" and intending to see the victim.

The Defendant: (a) the mother, who was aware of this, was fluencing and vagabonds; (b) the fluencing body, a dangerous object by her mother, was exposed to the victim’s face; (c) the victim’s face was taken once in drinking; and (d) the said flucing body was collected from the victim.

Accordingly, the defendant used dangerous objects to assault the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. On-site photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous convictions in disposition, and applying the text of judgment;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the instant crime and the risk of the instant crime, the relationship between the Defendant and the victim, etc. is not less complicated.

However, the defendant shows his attitude to see and reflect his mistake.

The injured person does not want the punishment by putting the defendant on his / her letter.

In addition, the age, sex, environment, and age of the defendant;