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(영문) 대전지방법원 2021.01.21 2020고단2034
특수폭행등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. A special assault on February 4, 2020: (a) around 22:30, the Defendant drinked with the victim D (35 cm) and drinking alcohol in the Daejeon Seodong-gu C cafeteria; (b) flicking the victim’s body and flick, flicking the head, flicking the body of the victim; (c) flicking the head; (d) flicking the body of the victim by hand; (d) flicking the victim by hand; (e) flicking the victim with a dangerous object in hand; (e) flicking him into the table; and (e) flicking him into the body of the victim; (e) flicking the body of the victim into the body of the victim; and (e) flicking the body of the victim into the body of the victim; and (e) flicking the victim into the body of the victim; and (e) flicking the victim into the body of the victim.

2. Where the Defendant passed a place in front of the above C cafeteria at around 22:45 on the same day and tried to see the face of the assault as above to the victim E (17 years old) who was intending to see the above c cafeteria.

"In his hand, he assaulted the victim's balth, such as balp, balp, etc., once.

Summary of Evidence

1. Application of three copies of the Defendant’s respective legal statements made by the witness D, E, and F, three copies of the Defendant’s respective legal pictures, CDs ( inside a restaurant), assault video (in front of the outside of a restaurant), and the CD-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act, Article 260(1) (a point of assault) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The main text of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with heavy punishment) concerning the defendant and his/her defense counsel's assertion as to concurrent crimes;

가. 피해자 D은 CCTV가 촬영 중이고 경찰관이 곧 오리라는 것도 알고 있어서 피고 인의 때리는 시늉이나 피고인이 집어든 의자, 술병에 위협을 느끼지 않았으므로, 의자, 술병은...

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