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(영문) 대구지방법원 안동지원 2021.01.12 2020고단587

특수폭행등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 16, 2020, the Defendant conspiredd the victim C (n, 65 years of age)’s operation at permanent residence B around 19:45 on July 16, 2020, with the misunderstanding that the victim sold the milk in which the distribution deadline has lapsed, and used small-sized joint metal insertion (m: 20cm in width, vertical length: 25cm) for cleaning, which is a dangerous object under the influence of alcohol, and used the victim to defend or avoid the victim by putting the Defendant’s hand, and caused the victim to defend or avoid it twice in the middle of 45,00 won at the market price, which is a dangerous object.

As a result, the Defendant, carrying three articles in danger, assaults the victim, and damaged three articles in the market price of 45,000 won owned by the victim.

Summary of Evidence

1. Application of the written statement E of the police statement statement of the defendant C with respect to the defendant's legal statement, report (in addition to field photographs, etc.), investigation report (in the outside investigation), investigation report (in the outside investigation), application of statutes to the investigation report (in the

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) (a) of the Criminal Act (a point of special assault), Article 366 of the Criminal Act, and the selection of fines for the crime;

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

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

1. In full view of the circumstances below the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, and other conditions of sentencing as indicated in the Defendant’s age, sex, environment, means and consequence of the commission of the crime, and circumstances after the commission of the crime, the punishment is determined as ordered.

The favorable circumstances: The defendant shows the appearance of recognizing and opposing the crime, the victim is seeking the preference against the defendant, and the defendant also sought a letter of intent by finding the victim: The defendant was punished by a fine under the summary order as a violation of the Emergency Medical Service Act during the suspension of execution due to the crime of injury, etc., but is not during the suspension of execution.