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(영문) 대구지방법원 포항지원 2017.06.14 2017고정118
폭행등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

1. The Defendant, while driving a vehicle in front of the “D gas station” located in North-gu, North Korea, at the port of port on January 24, 2017, when the victim E, who was driving the vehicle, reported the Defendant to cross the vehicle without permission, and took a horse fighting with the victim on the ground that the victim and the horse fighting, took a bath to the victim on the ground that the fire fighting occurred, and booms the victim’s left shoulder and right knife with his body, and booms the victim’s left shoulder and right knife with the rear knife with the rear knife.

2. The Defendant damaged property by hand, on the ground that the damaged person was able to discern things or make decisions due to mixed-type climatic disorder, etc., and on the ground that he was reported to the police at the time and place of the preceding paragraph, caused the damage to the floor by cutting off the cell phone where the damaged person was fluor, caused the cell phone clibing onto the floor, caused the cell phone clibing onto the cell phone, and caused the damaged person to run down the cell phone, and caused the 1,162,173 won in front and rear the victim's vehicle at the end of 4-5 vehicle and then damaged the property at the market price.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police for E;

1. Written estimate;

1. Application of Acts and subordinate statutes for report on internal investigation (damage photographs and vehicles booms and videos);

1. Relevant Article 260 (1) of the Criminal Act (the point of violence) and Article 366 of the Criminal Act (the point of damage to property) and the selection of fines for a crime;

1. Article 10(2) and Article 55(1)6 of the Criminal Act to mitigate mental and physical weakness (which seems to have been in a state of the ability to discern things or make decisions due to the increase in the early dementia);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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