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(영문) 서울중앙지방법원 2020.09.11 2020고단5416
특수폭행
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 1, 2020, at around 02:0, the Defendant, a child of the B apartment C in Gwanak-gu in Seoul Special Metropolitan City, was at the time of the victim's bridge due to the lock, which is a dangerous object in the dispute with the victim D (the 24 years of age), the Defendant was at the time of the victim's shoulder, the Defendant was at the time of the victim's shoulder and the knife due to the knife's knife's head and knife, the part of the victim's head and knife, the victim's knife with the knife's head and knife, and the part of the victim's shoulder and knife with

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each written statement of D and E;

1. Records of seizure and the list of seizure;

1. Voluntary report;

1. A report on investigation;

1. A criminal investigation report (Submission of documentary evidence by a victim);

1. Investigation report (as regards suspect's domestic violence power);

1. Making a report on investigation (decision on ad hoc measure);

1. Investigation report (as to the degree of damage of the victim)

1. Application of Acts and subordinate statutes to a report on investigation (a photograph of the victim's upper part);

1. Relevant Article 261 of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is highly dangerous in light of the attitude of the act, and in particular, the crime of this case is highly likely to be subject to criticism.

However, the fact that the defendant was the first offender and the defendant committed the crime in this case, and his mistake is divided shall be considered as favorable circumstances.

The sentence is ordered as ordered in consideration of the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, characteristics of the crime, relationship with the victim, etc.

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