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(영문) 서울북부지방법원 2016.06.29 2016고단317

특수폭행

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 November 11, 2015, around 03:30 on November 11, 2015, the Defendant assaulted the victim’s left head part of the victim’s body, which was a dangerous object on the table, on the ground that he was frighted with the victim E (55 years old) who performed drinking together at the victim E (55 years old) in the Dobong-gu Seoul, Seoul, and that he was bad.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes to reply to a request for cooperation with investigation, and a detailed statement of processing reported cases;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the selection of fines for criminal facts, and the selection of fines;

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

1. In addition, it is unfavorable that the criminal records of the same violence have been committed several times during the suspended sentence due to the same kind of crime as the sentencing of Article 334(1) of the Criminal Procedure Act.

On the other hand, the fact that the injured party does not want the punishment of the defendant by agreement with the injured party, and that the degree of violence is not severe is favorable.

In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.