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(영문) 수원지방법원 여주지원 2017.03.29 2016고단1543
특수폭행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] On July 1, 2015, the Defendant was sentenced to two years of probation on October 31, 2015 due to a crime of interference with the execution of official duties in a deceptive scheme at the Suwon Flag Flag, and the judgment became final and conclusive on October 31, 2015, and is currently under probation, and six times of criminal records of identical violence.

[2] On December 3, 2016, the Defendant: (a) took the kitchen (30cm in length, 20cm in length, 20cm in knife) which is a dangerous thing that had been kept in a main place on his/her hand while drinking and drinking with the victim D (16 years old) who was an employee of the said restaurant; and (b) put the victim’s face, etc. into his/her hand on his/her hand.

After all, the Defendant assaulted the victim, carrying a kitchen, which is a dangerous thing as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of statutes on site photographs;

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

1. When the defendant, who had been punished several times for the same kind of crime with the same reason for sentencing as the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, committed the crime of this case against the defendant, such as the situation that the defendant committed the crime of this case during the period of probation, and the method of the crime was very dangerous, and the crime of this case under suspended execution was committed differently from this case, and the defendant was sentenced to the same sentence as the order, considering the favorable circumstances such as the defendant agreed smoothly with the victim, etc.

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