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(영문) 의정부지방법원 고양지원 2018.09.07 2018고단1284
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 March 29, 2018, the Defendant assaulted the Defendant’s C cargo vehicles operated in front of Gyeyang-gu B on March 29, 2018, by discovering the victim D (n, 35 years of age) who passed around the bed, and by launching 3 to 4 times notice to the part of the victim’s bridge, which is a dangerous object, using a toy gun (one name “non-shot gun”).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report (a model pistol used by the person under investigation for committing the crime) and investigation report (a telephone conversation with the witness E);

1. Application of statutes, such as photographs of damage;

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. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is highly likely to have committed an assault by launching the whole toy to a person who passed without any justifiable reason for his own rehabilitation. The crime of this case is a dangerous crime that may cause serious damage depending on the parts of the damage.

Furthermore, the victim seems to have suffered considerable mental shock due to the crime of this case.

On the other hand, the Defendant, who had no record of criminal punishment, is against his will to recognize his mistake by committing the crime of this case, and there was no significant result such as the victim's injury.

The sentence shall be determined as ordered by taking into account all the factors of sentencing as shown in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, family relationship, motive for committing a crime, means and consequence of a crime, and the circumstances after committing a crime.

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