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(영문) 대구지방법원 2013.09.06 2013고단3942

특수폭행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

Around 21:00 on January 10, 2012, the Defendant, while drinking alcohol together with F, i.e., the victim “EM” operated by Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, around 21:0, when the victim calculated the drinking value and made a serious desire for the defective victim, and the victim stated that “the victim would not be able to do so”, and “F would be able to do so” due to an empty beer disease, which is a dangerous thing in his/her table, and f would lick back the victim’s hair, and 112, the Defendant reported the victim to 112, while referring to a beer disease, and “the victim reported to the police,” and as such, F would be “the victim’s desire to see this year’s hair” and “the victim’s beer.”

Accordingly, the Defendant conspiredd with F to assault the victim by using an empty beer disease, which is a dangerous thing.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to the investigation report (Attachment of photographs);

1. Relevant provisions of the Criminal Act and Articles 261, 260 (1), and 30 of the Criminal Act concerning the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;