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(영문) 서울서부지방법원 2013.08.28 2013고정1023

특수폭행등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. 특수폭행 피고인은 2012. 12. 16. 03:35경 서울 용산구 B에 있는 ‘C’ 주점에서, 위 주점 종업원인 피해자 D(23세)과 피해자 E(23세)가 피고인의 친구를 밖으로 내보냈다는 이유로 화가 나, 위험한 물건인 유리잔을 손에 들고 피해자들을 향해 집어던져, 피해자 D에게는 컵에 있던 술이 쏟아지게 하고 벽에 맞은 유리잔이 튕겨 나와 피해자 E의 목에 맞도록 하여, 피해자들을 폭행하였다.

2. At around 05:00 on December 16, 2012, the Defendant damaged public objects, on the grounds that he was arrested as a flagrant offender in Yongsan-gu Seoul, Yongsan-gu, Seoul, on the ground that he was influoring and was arrested as such, the Defendant damaged the Defendant’s utility by damaging the objects used by public offices, thereby damaging the Defendant’s use of the objects.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes on receipts at the time of purchase of photographs and simplified tables;

1. Articles 261 and 260 (1) (a point of special violence) of the Criminal Act and Article 141 (1) (a point of damage to goods for public use) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes;

1. Selection of each alternative fine for punishment;

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

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