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(영문) 수원지방법원 안산지원 2016.03.10 2016고정21
특수폭행치상등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Juvenile Protection Act is a person who operates a mutual focus on “C” in the Dong-gu, Ansan-si, Gyeonggi-si.

No one shall sell drugs, etc. harmful to juveniles to juveniles.

Nevertheless, around 22:00 on May 1, 2015, the Defendant sold the amount equivalent to KRW 74,500 of alcoholic beverages and alcoholic beverages, which are harmful drugs for juveniles, to D(17) and their behaviors, which were juveniles who were found to be customers in C, around May 1, 2015.

2. On May 2, 2015, the Defendant injured by special assault and injury: (a) on the street in front of Dongwon-gu, Simsan-si, Simsan-si on May 2, 2015, on the ground that the victim D (17C) and his/her behaviors fled without paying the price, such as paragraph (1), and (b) the victim D (17C) and the owner of the vessel fled, and (c) took a deadly weapon (10cc in length of the knive day) at the main point of the above “C”; (d) taken the victim by driving away from the victim’s daily activity; and (e) taken the excess.

In the past, violence was committed to the victim by drinking alone, such as booming the victim's part on board.

As a result, the defendant suffered injury by the victim, such as cutting about about 5 cm off the left side of the above excessive blade.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning a protocol concerning suspect examination of the police against D;

1. Entry of a written statement in the draft D;

1. Application of each Act or subordinate statute to the records of seizure (voluntary submission), list of seizure, and report on business control;

1. Relevant legal provisions concerning facts constituting an offense, Article 59 Subparag. 6 of the former Juvenile Protection Act (Amended by Act No. 13726, Jan. 6, 2016); Article 28(1) main sentence (which sells drugs harmful to juveniles) of the same Act; Articles 262, 261, and 257(1) of the Criminal Act (which means the injury caused by special assault) of the same Act; and the selection of fines, respectively.

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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