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(영문) 창원지방법원 통영지원 2017.05.12 2017고단174
특수폭행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant, at around 08:40 on January 4, 2017, at the Tong-young detention house C located in Yong-nam-si around 08:40 on May 4, 201, the victim D ( South, 35 years old) was living in the examination of the Defendant against another prisoner.

The part of the victim's head was marked once by gathering the error of Mella's material, which is a dangerous object in that place.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, E, F, and G;

1. Each service report;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of a photograph of violence apparatus), a criminal investigation report (Submission of a photograph of bodily injury), and a criminal investigation report (Submission of written records of prisoners);

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. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act does not mean that the defendant committed assaulting the victim whom the defendant had been confined together in the detention house by misunderstanding his head. However, the crime of this case is committed by the defendant. The defendant is committed by the defendant. The crime of this case appears to have arisen from disputes arising in the course of living after multiple prisoners were confined in the detention house, and the defendant's assaulting the victim is committed only once more favorable. The defendant's age, sexual behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc. shall be considered, and the punishment shall be determined as ordered by the order, taking into account all such circumstances as the defendant's age, sexual behavior, environment, motive, means and result of the crime, and circumstances after the crime.

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