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(영문) 대구지방법원 경주지원 2020.04.28 2019고단606
특수폭행등
Text

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

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

Reasons

Punishment of the crime

1. Around 10:00 on May 14, 2019, the Defendant laid off a c apartment D, the Defendant’s residence in the racing-si, which is the Defendant’s residence, and was in line with the head and shoulder of the victim E (the age of 40) on the ground that the height under the apartment is slicking down, and the height under the apartment is slick. After cutting off a string of the fire that was inside the house, the Defendant laid down the stone, which is a dangerous object out of the window, and laid down the stone outside the window.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant causing special property damage: (a) the victim G, who was parked in front of the apartment Fdong, moved out of its windows a stone, which is a dangerous object located in the bend, at the above time, at the same place; and (b) the repair cost cannot be determined on the front and the main part of the H vehicle owned by G, which is parked in front of the apartment Fdong.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant provisions of the Criminal Act, Articles 261, 260 (1) of the Criminal Act (the point of special violence), Articles 369 (1), and 366 of the Criminal Act (the point of special destruction and damage), and the choice of fines for negligence;

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

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 for sentencing under Article 334(1) are as follows: (a) details of the instant crime; (b) whether the instant crime was recovered from damage; (c) degree of danger; (d) the Defendant’s health condition; and (e) the confession and reflect of the Defendant; and (e) other conditions of sentencing, including the circumstances after the crime

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