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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On June 30, 2017, the Defendant was sentenced to imprisonment with prison labor for the attempted special robbery, etc. at the Seoul Central District Court on September 28, 2017, and the judgment became final and conclusive on September 28, 2017.
On June 28, 2017, the Defendant: (a) was in the Seoul Detention Center C located in Mana-si, Mana-si, Mana-si; (b) the victim D (20 aged) and for a prolonged term, the victim was in a bad condition; (c) caused the victim’s brea-thrings by debrising the breath; and (d) the victim’s right fingers away from the finger where the number of days of treatment cannot be known to the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Witness D's testimony;
1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;
1. Each police statement made to E and F;
1. G statements;
1. Each photograph;
1. A register of obligations;
1. Previous convictions in judgment: Inquiry about criminal history, investigation report (determination of attempted special robbery, etc.) and application of Acts and subordinate statutes of Part II of judgment;
1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act
1. The Defendant’s assertion constitutes a legitimate defense, since the Defendant unilaterally faces with the victim during the vision with the victim, and the victim gets shouldered at the level of defense by inserting his/her fingers into his/her hands.
2. According to the evidence found earlier, as a matter of whether the Defendant and the victim were brooms or brooms, the Defendant’s face can be found by having frightened the victim’s face with the victim’s hand, and the Defendant’s act constitutes an attack rather than passive defense but rather constitutes an attack. If the circumstances leading up to the injury, the Defendant’s act seems to be reasonable.