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(영문) 청주지방법원 영동지원 2017.08.31 2017고단56

특수폭행등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. The Defendant committed a crime against the victim C (a special assault and damage to a special property) under the influence of alcohol, while under the influence of alcohol, did not have the ability to discern things or make decisions. Around April 12, 2017, around E convenience stores operated by the victim C (58 tax) located in Chungcheongbuk-gun D, Chungcheongnam-do, Chungcheongnam-do on April 12, 2017, by gathering one beer disease, which is a dangerous object under custody in the cooling-do, without any justifiable reason, and assault the victim, and at the same time, assault the victim by gathering one beer disease, which was located in the cooling-do, and at the same time, 400,000 won at the market price of the victim, which was owned by the victim behind the victim, was contaminated by 161 of tobacco display amounting to 706,700 won at the market price.

In this respect, the defendant, carrying dangerous things, assaults the victim, and damages the property owned by the victim.

2. A criminal act against the victim F (special assault) was under the influence of alcohol, while the Defendant was found to have the ability to discern things or make decisions, and around 17:05 on April 12, 2017, the victim FF (68 cm) was found to have been under the influence of alcohol and returned to the house on the road before the residence of the victim FF (68 cm) located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and had the victim take a bath on the road without any reason, blocking the way and take a bath on the way without any reason, and the kitchen knife (the total length: 28cc, the knife length: 16cc) which is a dangerous object prior to possession of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Each investigation report (the sequence 12, 14, 15, 21 of the evidence list) and accompanying documents;

1. Application of Acts and subordinate statutes on CCTV image data;

1. Articles 261, 260 (1) (a point of special assault) and 369 (1) and 366 of the Criminal Act concerning the facts constituting an offense under the corresponding provisions of the Criminal Act;

2. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Special Assaults against Victims C)