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(영문) 수원지방법원 안산지원 2017.08.18 2017고단1172

특수폭행

Text

Defendant shall be punished by a fine of eight million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant and the victim C (the age of 17) came to know through the Peston North Korea on March 2017, and exchanged only through Pest on May 4, 2017, and they first promised to meet with Pest on May 4, 2017. On the same day, around 23:30 of the same day, the Defendant and the victim C (the age of 17) came to drink the victim and F in the house of the victim F for the friendship F for the Defendant’s friendship F for the Defendant’s friendship F for the Defendant’s friendship, and the said four persons came to drink from the above F’s house.

On May 5, 2017, the Defendant: (a) around 06:30 on May 5, 2017, the Defendant drinked alcoholic beverages with the victim, F, and D, and performed games, and was under influence on the floor with the victim, and (b) was under the influence of drinking alcohol, and (c) was under the influence of drinking.

” 고 물었고 이에 대해 피고인이 “F 가 마음에 든다” 는 식으로 말하자 피해자가 토라졌고 이에 피고인이 갑자기 피해자에게 꺼 지라고 화를 내며 양손으로 피해자의 목을 조르고 계속해서 싱크대로 가서 위험한 물건인 과도( 총 길이 22cm, 칼날 길이 13cm )를 들고 와 한 손에 쥔 상태로 피해자의 목을 조르고, F이 경찰에 신고를 하자 과도를 버린 채 계속해서 피해자의 목을 졸랐다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of field photographs;

1. Application of the police seizure protocol and the statutes on the list of seizure;

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

1. The Defendant committed the instant crime without being aware of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was the period of suspension of execution, and without improving the wrong drinking habits, and the risk of the act of taking the trees while carrying dangerous objects, etc. is disadvantageous to the Defendant.