logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.07.17 2019고정974
특수폭행등
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a quasi-ranking person of SOFA.

1. 특수폭행 피고인은 2018. 11. 22. 21:12경 서울 용산구 C 소재 “D” 주점에서 자신이 원하는 칵테일이 없다는 이유로 위 주점 업주 피해자 E(42세)과 말다툼을 하던 중 피해자를 향해 그곳에 있던 위험한 물건인 유리로 된 소주잔을 던져 피해자를 폭행하였다.

2. The Defendant assaulted the victim, on the date and time set forth in paragraph (1) and before the main points set forth in paragraph (1), in order to prevent the victim from escaping, such as influoring the victim’s chests, fluoring the victim’s hair, fluoring the victim’s hair.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A E-document;

1. Application of CD-related Acts and subordinate statutes that contain alcohol photographs and CCTV images;

1. Relevant Articles 261 and 260 (1) of the Criminal Act (a point of special violence), Article 260 (1) of the Criminal Act, and the selection 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. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel argued to the effect that they were light in the process of expressing the defendant's complaint. The defendant's and his defense counsel argued that it is difficult to regard the victim's face as a special violence because they become the direction of the victim's face differently from his/her intent. However, the following circumstances acknowledged by the evidence of the ruling, namely, ① the soft is a thing that can be used to harm the life and body of a person.

However, while the defendant was in dispute with the victim, he or she left the victim in the nearest distance, and let the victim come up in the victim's face, and ② although he or she did not directly fit the face of the victim, he or she is spatialized in the face of the victim.

arrow