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(영문) 의정부지방법원 2017.11.27 2017고단4467

특수폭행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 19, 2017, the Defendant: (a) committed assault to the victim E (S) (S) who was aware of usual in the front of the D convenience store located in the Gyeonggi-si of the Government of the Gyeonggi-si on August 19, 2017; (b) “A” in the course of drinking with the zers; (c) one small-scale illness, which is a dangerous object, towards the shoulder of the damaged person; and (d) committed assault by the victim, who went away from the lock-si, and walked twice with the knee.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of E, F and G;

1. On the spot and the application of image Acts and subordinate statutes;

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. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (the sentencing criteria shall not apply as the case has been selected by a fine)

On November 7, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for special intimidation by the District Court, and the judgment became final and conclusive on November 15, 2016, and again committed the instant crime even during the suspension period.

However, considering the fact that the defendant led to the confession of the crime, and that the degree of assault against the victim was not serious because the victim did not cause any injury, the court sentenced the defendant to a fine, and determined the amount of fine in consideration of the fact that the defendant was at least Grade 3 disability and the beneficiary, etc.