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(영문) 대구지방법원 안동지원 2016.08.19 2016고정40
특수폭행
Text

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

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

Reasons

Punishment of the crime

On October 26, 2015, at a D restaurant located in C at permanent residence around 23:40 on October 26, 2015, the Defendant committed assault with the victim E (42) by putting the Defendant in front of the above restaurant, leaving the taxi outside the above restaurant and taking the taxi in front of the nearby F, taking the victim’s own desire to see, and taking the victim’s arms back, taking the dangerous object in front of the above bed, taking the victim’s arms back, booming the victim’s arms, booming the victim’s arms, booming the victim’s body, and fighting with the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of suspect interrogation of the police against E, and a protocol of the police statement concerning G;

1. The defendant's photograph of damage [the defendant cited each item of the crime and argued that there is no time to see the victim, but in full view of the victim E and witness G's specific statements and photographs as to the damaged parts, it can be sufficiently recognized that the defendant used each item of the crime as stated in the judgment of the court and used the facts that the victim

Therefore, we cannot accept the Defendant’s argument.

Application of Statutes

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. It is so decided as per Disposition on the grounds of not less than the text of Article 186(1) of the Criminal Procedure Act, which bears the costs of lawsuit;

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