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(영문) 인천지방법원 부천지원 2020.07.22 2019고단4397
특수폭행
Text

Defendant shall be punished by a fine of three million won.

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

At approximately 02:36 on November 20, 2019, the Defendant: (a) 5, “C” located in Seocheon-si B, Seocheon-si, with the victim D, carried the iron sing microphone, which is a dangerous object in the Gap himself/herself, and carried the body of the victim into the corridor, led the victim to the corridor; and (b) displayed the microphone as the victim would have his/her head when he/she was head.

Accordingly, the Defendant carried with himself a dangerous object, a resing microphone, and assaulted the victim.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Application of Acts and subordinate statutes governing the statement by the police of D, such as damage parts, photographs, field photographs, etc., and the 112 Reporting Cases List;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act (the point of special violence and the selection of fines);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant assaults the victim as a dangerous object during the period of suspension of execution due to the same kind of crime, and thus his responsibility is not weak.

However, the defendant shows an attitude to recognize and reflect all crimes, and the victim is trying to help the victim recover damage.

In addition, the conditions of sentencing, such as character, age, motive and background of the defendant, circumstances after the crime, etc., shall be comprehensively taken into account.

It is so decided as per Disposition.

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