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(영문) 의정부지방법원 2018.04.26 2017고정1600
특수폭행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 10, 2017, at around 01:55, the Defendant 2 association camp camp C, and at E clubs located in Dongducheon-si, Dongducheon-si, the Defendant used a beer’s disease, which is a dangerous object used by the Defendant on the ground that he talks with other customers, while drinking alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. On-site ctv images cd, investigative reports (suspects specified);

1. Application of Acts and subordinate statutes to inquiries about criminal history;

1. Article 261 of the Criminal Act applicable to the crime, Articles 261 and 260 (1) of the Criminal Act of the choice of punishment, and the selection of fines;

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

1. The judgment on the issue of Article 334(1) of the Criminal Procedure Act regarding the issue of the provisional payment order by the defendant and his defense counsel had a fact that the defendant had a beer's disease towards the victim, but the above beer's disease did not comply with the victim's interest.

The argument is asserted.

According to CCTV CD's image taken by the situation at the time of the instant case, ① the Defendant spreaded to the victim of the beer who suffered from the beer’s disease while the Defendant was in a horse dispute with the victim, and immediately took the beer’s disease toward the victim, the victim was faced with the beer’s disease above the head’s body, and the victim took the instant beer’s back against it, and then went to the Defendant’s back to the back, the Defendant left the place, the victim was confirmed from this part of this case’s body, ② the beer’s back to this part of this case’s body, ② the beer’s disease, such as the change of the Defendant’s house, did not fit the victim’s ma.

Even if the act of taking a beer's disease toward the victim at a distance close to the victim was not directly contacted with the body of the victim.

In full view of the fact that an unlawful exercise of force against the victim constitutes violence (see Supreme Court Decision 89Do1406, Feb. 13, 1990, etc.), etc., the defendant is a beer who is a dangerous object, such as the facts charged in the instant case.

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