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(영문) 의정부지방법원 2020.06.24 2020고단814

특수폭행

Text

Defendant

A A shall be punished by a fine of two million won, by imprisonment with prison labor for six months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. At around 15:10 on February 17, 2020, the Defendant: (a) prevented the Defendant from using the Defendant’s handcil; and (b) took part of the Defendant’s handcil of the industrial towing ( approximately 24cm in length) that is a dangerous object being used in the Defendant’s hand while the Defendant took a dispute with each other, the Defendant 1 took part of the Defendant’s handcover under the Defendant’s left eye.

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

2. As described in the above paragraph (1), Defendant B, while making a conflict with the victim A (the age of 32) and the victim was able to bring the Defendant a dangerous object, which was an industrial plastic net ( approximately 32 mm in length) and brought the victim’s head two times, which was an industrial plastic net ( approximately 32mm in length).

As a result, the defendant carried dangerous objects and carried them about two weeks of treatment, which requires two weeks of treatment.

Summary of Evidence

1. The legal statement of Defendant A (limited to Defendant A);

1. Partial statement of Defendant B (only Defendant B)

1. Each police interrogation protocol against the Defendants

1. A written diagnosis of injury (limited to the defendant B);

1. The scene of the case and photographs of damaged parts;

1. Application of the Acts and subordinate statutes to photographs by reporting internal affairs and capturing closed-circuit images;

1. Article 261 of the Criminal Act and Article 260(1) of the Criminal Act - Defendant A who selects a fine: Articles 258-2(1) and 257(1) of the Criminal Act;

1. Discretionary mitigation (Defendant B) Articles 53 and 55 (1) 3 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (Defendant B) of the suspended execution;

1. Determination as to the assertion of Defendant B and his defense counsel under Article 334(1) of the Criminal Procedure Act (Defendant A)

1. 주장 피해자가 갑자기 손에 공업용 끌을 들고 피고인을 향해 달려들자 피고인이 엉겁결에 반사적으로 손에 들고 있던 플라스틱...