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(영문) 제주지방법원 2019.07.12 2018고단1189
특수폭행치상
Text

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

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

Reasons

Punishment of the crime

(State) The defendant is a person serving as a director of B, and the victim C (n, 45 years of age) is a person serving as a director of State B.

On March 19, 2018, the Defendant: (a) placed in the “E apartment unit” office located in Seopo City D on March 11, 2018; (b) placed in the “E apartment unit” office in Seopo City, Seoposi; (c) placed the materials sent by the Chairperson of the State B by facsimile to the victim; and (d) placed the victim’s desire to “I would die as to why you will send documents.” (c) placed the documents on the book in hand, and went back to the container used as the site office in front of the said sales office.

피고인은 피해자가 뒤따라 들어와 욕설을 한 이유를 따지는 것에 화가 나 그곳에 있는 위험한 물건인 사무용 의자를 양 손으로 집어 들고 피해자의 머리를 내리치려고 하다가 위 사무용 의자를 피해자 바로 옆 바닥에 내리쳐서 위 사무용 의자가 튕기면서 피해자의 다리에 부딪히게 하였다.

The injured party suffered from the loss of the left parts which need to be treated for about two weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim by assaulting him.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of on-site photographs, relevant photographs, and medical certificates to statutes;

1. Relevant Article of the Criminal Act and Articles 262, 261, 260 (1), and 257 (1) of the Criminal Act, the choice of fines for criminal facts;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the background of the sentencing case, degree of damage, the defendant's mistake, the fact that the victim does not want the punishment of the defendant as agreed with the victim, and other records and arguments of this case, such as criminal record, age, character and behavior, environment, means and result of the crime, circumstances after the crime, etc.

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