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(영문) 대전지방법원 천안지원 2018.08.17 2018고단1196
특수폭행등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On October 25, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for a crime of obstructing the performance of official duties in the Daejeon District Court’s Branch on July 18, 2017, and completed the execution of the said sentence on July 18, 2017. On May 3, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of obstructing the performance of duties and destroying special property in the Daejeon District Court’s Branch, and the said judgment became final and conclusive on May 11, 2018.

1. On April 29, 2018, the Defendant: (a) on the street in front of the Asan-dong post office located in 282 as a citizen of Asan-si on April 29, 2018, stated that the facts charged in the instant case, after drinking alcohol with the victim B (51). However, according to the Defendant’s assertion, the Defendant revised “after drinking alcohol” as “after drinking alcohol.”

Even if revised as above without changing the indictment, it is judged that there is no disadvantage to the defendant's exercise of his right of defense.

"A request to lend KRW 10 million from the injured party" was made by lending the check card, but the cash withdrawal was not made.

Accordingly, the defendant found that the defendant's limit to the physical card was insufficient.

“However, on the ground that the victim borrowed the borrowed money, he assaulted the victim’s face by hand, followed the victim’s hand and body, followed the victim’s hand and body, and used each item (3 cm x 3 cm x 140 cm), which is a continuously dangerous object, to the victim.

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

2. The Defendant damaged a special property by lowering B’s assaulting B, such as the date and time set forth in Paragraph 1, at the place and time set forth in Paragraph 1, which caused damage to the Defendant’s utility by lowering B’s escape to each item, which is a dangerous object for the victim C-owned car that was parked in the place, and destroying the repair cost of KRW 3.90,000.

Accordingly, the defendant carried dangerous things and damaged the victim's property and damaged its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of B and E 1.

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