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(영문) 대구지방법원 안동지원 2018.06.01 2017고정143
특수폭행
Text

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

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

Reasons

Punishment of the crime

On May 20, 2017, the Defendant, on the ground that the victim E (26 tax) was aware of operating a mobile phone agency in Ansan-si, Dongdong-si, Dong-si, in the operation of the mobile phone agency, did not send customers to the mobile phone sales store of this mobile phone sales store, the Defendant expressed the victim’s desire, and expressed the victim’s view once and once by hand, the gate room, which is a dangerous object, to the victim’s head.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness E and F;

1. The defendant asserts that, as stated in the facts charged, there was no fact that the victim E was sealed and the camping net was displayed, a report on internal investigation (in addition to the contents of the text message of his/her mobilephone) and a report on internal investigation (in addition to the photograph of the criminal tool to commit a crime).

(1) However, the victim and F have committed assault as stated in the facts charged by the Defendant.

Although the statement is made, it is reliable in light of the fact that the statement is specific and consistent and its attitude to make the statement.

② In addition, the Defendant also recognized the fact that the victim had a view to camping out.

In full view of such circumstances as well as the circumstances, the defendant, the victim, and the F who met with the police, and the fact that the victim attempted to leave the police station, the defendant may fully recognize the fact that he/she committed an assault against the victim as stated in the facts charged.

Therefore, the defendant's assertion is not accepted.

Application of Statutes

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. In light of the reasons for sentencing under Article 186(1) of the Criminal Procedure Act, the criminal nature is not good in light of the method of committing a crime using the camping room.

The Defendant denies the charges.

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