(영문) 수원지방법원 안산지원 2018.01.11 2017고정1198

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자간(%)

(영문) 수원지방법원 안산지원 2018.01.11 2017고정1198

폭행

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, he shall be 100.

Reasons

Punishment of the crime

Defendant, B, C, and D are students in the first grade of E University F Department.

B, C, and D, from March 31, 2017 to April 01, 2017, during the period from March 23:40 to April 01, 201:00, C, while drinking together with the same department-friendly group of the Chungcheongnam-nam Budget-gun G Spakdong 1507, C, which was not adequate for appraisal due to school life problems, such as preparation of a usual task, and during the course of the dispute, C, while complying with this.

B restrains the Defendant, and the Defendant expressed to B the Defendant “Is the Sea”.

Accordingly, B is able to see the left face of the defendant by hand, and see the defendant's clothes by walking the defendant's clothes, walking the defendant several times due to the combination between B and C, walking the defendant several times due to the combination of witness D, making the defendant's shot up the defendant's walking beyond the combined D, making the witness turn back to drinking, and observe it.

H was shaking the defendant's head debt, and D continued to bring the head debt to the defendant's head debt, cut the head debt, cut the head debt of the defendant's head debt, and turn the defendant's head debt over C and B and H together.

B, C, and D jointly with the above H, and the Defendant was in need of treatment for about 14 days.

The Defendant, at the same time and at the same place, fighting with attaching the vision as above, committed assault to the victim by breaking the head debt of the victim B (the age of 19) and destroying the victim’s snow around the snow by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against B, C, or D;

1. Each police statement made to I and J;

1. Application of Acts and subordinate statutes to each statement;

1. Article 260 (1) of the Criminal Act applicable to the crime and Article 260 (1) of the Criminal Act of the choice of punishment (the decision of a fine shall be made in consideration of the fact that the defendant has abused the victim, the primary crime, the developments and degree of the occurrence of the assault in this case, the circumstances before and after the crime, the degree of damage

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

참조조문

-형법 제69조

-형법 제70조 제1항

-형법 제260조 제1항

유사 판례

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