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(영문) 제주지방법원 2020.11.19 2020고단2142
특수폭행등
Text

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

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

Reasons

Punishment of the crime

1. On August 9, 2020, the Defendant: (a) entered the celebs located in Seopo City B, Seopo-si, Seopo-si, Seopo-si; (b) but the victim E (neither, 69 years old) in the Republic of Korea told that he was “Sebn,” the victim’s disease, which is a dangerous thing that he was her hand, was faced with the victim’s head and her arms, was shakingd with the victim’s head, and the victim’s her arms and arms were cut down.

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

2. The Defendant damaged the property by drinking a liquid at the time and place set forth in paragraph (1) and destroying an aesthetic liquid in the market value, which is the victim’s possession.

Summary of Evidence

1. Application of Acts and subordinate statutes to a police report (including violence, etc.), investigation report (Attachment of CCTV data), on-site confirmation photographs, and investigation report (report on the statement of telephone conversations of the victim) to the defendant's legal statement E;

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (the point of special violence), Article 366 of the Criminal Act (the point of causing damage to property), the choice of fines, and the choice of fines;

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

1. Articles 70 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 is an unfavorable circumstance where: (a) the crime of this case is committed by carrying a fluor’s disease, a dangerous object, exercising violence against the victim; and (b) the nature of the crime is not somewhat weak; (c) the defendant was unable to agree with the victim; and (d) the victim did not endeavor to recover from damage; and (e) the victim wanted to punish the defendant.

However, it is advantageous to the fact that the defendant recognizes the facts charged and reflects the facts charged, and that the defendant does not have any record of punishment exceeding the same kind of crime or fine.

The age, character and conduct, environment, and means of committing the crime of the accused.

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