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(영문) 제주지방법원 2015.11.04 2015고정582

특수폭행등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On March 14, 2015, the Defendant: (a) around 01:00, at an entertainment drinking house where the victim D (n, 51 years of age) works in Jeju Island; (b) after drinking alcohol, the victim satisfyed a defect that the victim would pay the drinking value; and (c) collected a dangerous article on the table at the same time to the head of the victim, and assaults the victim; and (d) during the process of avoiding disturbance, the Defendant satisfyed the above table in excess of the above table, thereby damaging the market price of the victim’s possession and destroying it by destroying the windowless windows.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to photographs taken on the spot and on the part of damage;

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (the point of special violence), Article 366 of the Criminal Act (the point of causing damage to property), the choice of fines, and the choice of fines;

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

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

1. In light of the following circumstances, the sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order: The circumstance under which the victim paid KRW 600,000 to the victim and the victim does not want the punishment against the defendant is disadvantageous: The nature of the crime is not good in light of the Criminal Procedure Act: The motive and background leading to the crime in this case; the age, character and conduct, environment, etc. of the defendant;