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(영문) 제주지방법원 2017.11.16 2017고단2564
특수폭행
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, at around 14:45 March 19, 2015, at the 'E' restaurant operated by the Victim D (37 S) (E) located in C at Jeju on March 19, 2015, and on the ground that the Defendant’s daily c, did not have food massage, the Defendant, on the ground that the Defendant, was in a dispute with the victim, and on the ground that the Defendant, the Defendant, while taking a bath for the victim, she was in the vicinity of the entrance of the restaurant, she was bread, who was a dangerous thing in the

In addition, as the victim's head towards the direction of the victim, the victim reported to the police, and prevented the defendant who wanted to leave the place of the police, and the victim was flicked with breath and flicking the victim's head by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. The application of Acts and subordinate statutes to each investigation report (to hear the details of hearing statements by witnesses G and hearing statements by a person suspected of being accused);

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include all the various conditions of sentencing as shown in the instant argument. In particular, the following conditions are considered: (a) reflects the situation; (b) the fact that the Defendant F, a first executive of the Defendant, appears to have committed the instant crime due to any contingency: (c) no recovery of damage was made; (d) the victim was displayed against the victim; (e) the fact that the Defendant F, a second executive of the Defendant, was committed the instant crime during the suspension of execution after having been sentenced to the suspension of execution for 2 years of imprisonment for 2014; and (e) the fact that the Defendant F, a second executive of the Defendant, was punished for violent crimes several times, by assaulting the victim in 2014; (e) assaulting the victim in 2014; and

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