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(영문) 부산지방법원 2017.06.28 2017고정679
특수폭행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On November 12, 2016, around 00:50, the Defendant heard from the street in front of the “C” located in Seo-gu Busan, Seo-gu, Busan to the effect that the Defendant was in a trial with the mother of the Defendant and the parking problem, and made a telephone to that person, “The Defendant was to have been in the nore test.”

시 발 개새끼야! 우리 엄마는 놔둬 라!” 라는 등의 욕설을 한 다음 위험한 물건인 과도( 칼날 길이 약 18cm 상당, 손잡이 약 12cm 상당 )를 준비하여 피해자를 찾아가 “ 니 죽고 싶냐

“I wish to kill” while threatening the victim of excessive fat as a bat, bating his fat with his hand and bather bat and bating the excessive bat and bating him.

“To the end of the part of the victim, as the victim’s 2-3 knifies, the victim’s knife by one hand, and the victim’s knife knife knife knife knife knife 3-4.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each police investigation report (as regards the situation at the time of dispatch to the scene, etc., the witness's statement);

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes on the spot and in excess of time, and photographs of damaged parts;

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. Article 48 (1) of the Criminal Act to be confiscated;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include that the Defendant agreed with the victim, the circumstances leading up to the instant crime, and other similar cases, shall be determined to reduce the punishment more than the summary order by comprehensively taking into account all the circumstances constituting the conditions for sentencing, such as equity with the Defendant, age, sexual conduct, environment, motive, means and consequence of the crime, etc.

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