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(영문) 춘천지방법원 2018.03.28 2017고정363
특수폭행
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 2, 2017, the Defendant: (a) stated that the Defendant did not receive wages from the proprietor of the above restaurant business on July 18, 2017, the Defendant: (b) laid the container in a knife with a knife with a knife and knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a k

Summary of Evidence

1. The defendant's partial statement (the defendant did not assault the victim in the shape of knife, and the knife was at the original location according to the victim's words, so his act cannot be punishable as a special assault. However, according to the evidence below, the defendant's argument is not accepted, since the defendant's use of knife was sufficiently recognized to have carried the knife in the other hand when knife the victim's arms when knife it was

1. Legal statement of witness E;

1. E statements;

1. The application of Acts and subordinate statutes to photographs of damage, records of seizure (voluntary submission), list of seizure and investigation reports (Attachment of DNA CCTV images);

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. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is poor is an element of sentencing against the Defendant, the Defendant is the primary offender, and the victim’s degree of damage is serious.

In addition, it is not visible that the defendant has a knife toward the victim, but the defendant does not want the punishment of the victim E and F after the summary order, and the victim E does not want the punishment of the defendant, and the prosecution of assault against F among the facts charged in this case is dismissed as follows.

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