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(영문) 인천지방법원 부천지원 2017.01.11 2016고정1185
특수폭행등
Text

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

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

Reasons

Punishment of the crime

1. A special assault and assault against the victim C around 03:40 on June 2, 2016, the Defendant, while dancing and playing in Bupyeong-si, Seocheon-si, Seocheon-si D, became a trial cost on the ground that F, which is the ground of prosecution of the victim C (19 years of age), was committed with the victim C (19 years of age) who works for the F, and brought about a dispute.

A. While having been in a dispute, the Defendant collected an empty space, which is a dangerous object on the tables, and used the part of the victim’s head at one time, and used the victim’s head at one time again, and used the plastic stop box (20cm wide, 10cm long) at one time.

B. In the above E E’s corridor, the Defendant continuously assaulted the victim on the part of the victim’s bridge with his left part, pushed the part of the neck with his left part, pushed the part of the neck out of the 1st floor, cutting the part of the victim’s shoulder with his hand while going out of the 1st floor, and pushed the part of the chest by his hand.

2. The Defendant assaulted the Victim G with the victim’s hand on the ground that the victim G (19 years old) was frighting to the left part of the victim’s left part of the case on the ground that the victim G (19 years old) who frighted with C outside of the above E building during the day-to-day hours.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness C and F’s respective legal statements [the defendant and his defense counsel acknowledged most of the assault facts, but argued to the effect that they did not assault with dangerous things such as a spawn, but the witness’s statements in this court are credibility in light of its content, attitude of the statement, etc.

[Judgment] Application of the statute

1. Relevant legal provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (the occupation of assault to carry dangerous articles), Article 260 (1) of the Criminal Act (the occupation of assault) and the choice of fines for the crime;

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. The defendant's reasons for sentencing of Article 334 (1) of the Criminal Procedure Act is his own.

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