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(영문) 서울서부지방법원 2020.03.26 2019고정968

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

The defendant is a person who makes work in the B market, and the victim C (n, 49 years of age) is a person who operates a fright shop in the next place.

On September 11, 2019, at around 10:25, the Defendant: (a) stated that, in front of the Eunpyeong-gu Seoul Metropolitan Government D small items, the victim was “scam, scam, and scam,” on the ground that the victim was scamed with rubber stuffed by himself/herself; (b) took the victim’s scam, scam, and knife the victim’s knife with his/her left hand, and knife the victim’s knife with his/her right hand, and knife the knife’s knife with his/her face as a knife.

Summary of Evidence

1. The defendant's statement in court (the second trial date);

1. Statement of the police statement regarding C;

1. Seizure record and list;

1. Application of the Acts and subordinate statutes on the attachment of photographs and CCTV recording data;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the choice of punishment.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. On the one hand, the confession of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the violation of Article 334(1) is likely to lead to contingent crimes. On the other hand, even if a person was punished by a fine or imprisonment with prison labor for the same or a different type of crime on November 2018, he/she has been punished several times due to the crime of injury committed on or around the same or a different type of crime, it has not yet been long, and thus, he/she committed the instant crime using a deadly weapon, and has not received a letter from the victim. In addition, in consideration of the Defendant’s age, character and behavior, social career, family relationship, and the circumstances after the crime, the sentence as ordered in