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(영문) 의정부지방법원 2017.10.13 2017고단3461
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 is the workplace master of the victim B (61).

On July 14, 2017, the Defendant: (a) at a “D” restaurant located in Namyang-si, Namyang-si; (b) at around 23:26 on July 14, 2017, as it seems that the Defendant, under the influence of alcohol, brought a threat once to the victim, and continued to bring the victim into the part of the victim’s head one time with the same glass balance.

Accordingly, the defendant committed violence to the victim with dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (the analysis of the hub in the D cafeteria and the victim's telephone statement);

1. Application of Acts and subordinate statutes to documentary evidence and photographs;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act with respect to the facts of a crime (opportune selection);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (applicable to a case where the sentencing criteria are not applied as a set of penalty) is that the Defendant, under the influence of alcohol, assaulted the victim, who is a dangerous factor, in favor of him, and the criminal liability is not weak.

However, the defendant's mistake is recognized and depthed.

With the smooth agreement with the victim, the injured party does not want to punish the accused.

It is the first criminal who has no record of criminal punishment, and supports one wife and one minor child.

In addition, the punishment as ordered shall be determined in consideration of various sentencing conditions, such as the defendant's age, sex, circumstances, means and result of the crime, and circumstances after the crime.

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