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(영문) 수원지방법원 평택지원 2018.11.29 2018고단1016
특수폭행
Text

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

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

Reasons

Punishment of the crime

On May 11, 2018, at the Defendant’s house located in Ansan-si Btel 201 around 23:20 on May 11, 2018, the Defendant cited two glass cups, which are dangerous goods inside the house on the ground that customers of C stores located in the front of the said officetel smoked tobacco while smoking, and collected them out of the window, and was directly fit to the bucks of the victim D (36 tax) in which the glass cup was on the street, and at the same time, the glass soften was consistent with the buckbucks of the victim E (23 tax).

Accordingly, the defendant carried dangerous articles and assaulted the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes on site and photographs of victims, and investigation reporting;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of punishment for a crime;

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

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order / [The defendant alleged mental and physical weakness, but according to each of the above evidence, the defendant was in a state that he/she lacks the ability to discern things or make decisions.

As such, we cannot see the above argument.

The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances of sentencing and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- The nature of each of the crimes in this case does not correspond to those of the victims, except that the defendant has agreed with the victims. - The defendant reflects his mistake.

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