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(영문) 창원지방법원 2020.02.07 2019고정634

특수폭행

Text

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

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

Reasons

Punishment of the crime

On August 5, 2019, at around 21:38, the Defendant: (a) opened the tables between the Defendant’s wife and opened them in a restaurant operated by the Victim B (the age of 63); (b) opened the me to talk about the Defendant’s past external facts; (c) opened the beer’s head, which is a dangerous object on the table, one time, and opened the beer’s disease on the floor above the table; (d) opened the beer’s head on the floor above the table; and (e) opened the beer’s body, which is a dangerous object on the table, was dried up; and (e) collected the beer’s body.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. Application of Acts and subordinate statutes to 112 reported case processing lists, CCTV images, investigation reports (CCTV image analysis);

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

1. Articles 70 (1) 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 damages glass balance, which is a dangerous object for sentencing, and the risk and violent nature of the instant crime committed by the injured party is not easy.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

A criminal agreement is made with a victim and the victim does not want to punish the defendant.

Defendant has no record of being punished for violent crimes in the past.

In addition, the punishment shall be determined as per Disposition by comprehensively taking into account the defendant's age, character and conduct, the details and circumstances of the crime in this case, and the circumstances after the crime.