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(영문) 서울중앙지방법원 2019.08.21 2019고단2827
특수폭행
Text

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

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

Reasons

Punishment of the crime

On April 21, 2019, the Defendant: (a) around 14:33, the victim D (the age of 45) residing in the building C at the address of the building at which he was living in the middle-gu Seoul Metropolitan Government, Jung-gu; (b) the victim D (the age of 45) who was living in the above building C at the address where he was living in his interior work, called “ why he was sprinked up at the entrance while he was doing the construction work”; and (c) “Is the sphobs of the sphobs that were on the back of the sphobs that were sped and left by the victim

Accordingly, the suspect assaulted the victim with a dangerous object.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. On the spot and criminal intent photographs [the defendant and his/her defense counsel claimed that the defendant's seat chain does not constitute "hazardous things." Whether the danger of "hazardous things" under Article 261 of the Criminal Act is determined depending on whether the other party or the third party could cause the risk of death immediately if using the things in light of social norms in a specific case. According to the records, the defendant's seat chain toward the victim is a metal material in the form of a horizontal length approximately 20 cm x 30 cm x a vertical angle of about 30 cm. The defendant's seat chain was the degree of contact with the victim on one floor. In light of the shape of the tin chain, its strength and direction, etc., it is recognized that the defendant's tin might cause physical harm to the victim or the third party. Thus, the above tin's decline constitutes a "hazardous goods" under Article 261 of the Criminal Act and the defense counsel's application is without merit.

1. Relevant Article 261 of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.

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