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(영문) 대구지방법원 2017.11.23 2017고단4061
특수폭행등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On June 23, 2017, at Kwikset service office operated by the Defendant on the 01:00, Daegu Northern-gu C and 1, the Defendant collected a claim against the problem of toilet use from the victim E (36 cm) who conducts restaurant business on the 1st floor of the above place, and collected the camping telescope (70 cm in length, about 5.5 cm in diameter, and about the above 70 cm in diameter), which is dangerous things in the above office. The Defendant collected from the victim Ekwikset service office on the 1st floor of the above place. The Defendant “D” only fest fest fest fest fest fest fest, and fest 5 cm in diameter.

“In doing so, he expressed his desire to “,” at one time the camping-gu room was displayed twice, and his buckbucks were made.

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

2. On June 23, 2017, the Defendant damaged the Defendant’s property in front of the “F” restaurant operated by the victim E in Daegu Northern-gu, Daegu-gu and the first floor on the following occasions: (a) the Defendant left the entrance of the above restaurant ( approximately 1m, approximately 2.2m in length) owned by the victim on the left side of the entrance of the restaurant ( approximately 1m in width, about 2.2m in length) on one occasion; and (b) the Defendant damaged the Defendant’s 450,000 won at the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of standing photographs and camping nets;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines for the crime (the following circumstances favorable to the reasons for sentencing);

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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order are as follows: (a) considering all of the factors of sentencing as shown in the records and arguments of this case, such as the age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered.

On August 18, 2016, the defendant has been subject to criminal punishment twice for the same crime, and in particular, on August 18, 2016, he was sentenced to six months of imprisonment and two years of suspended execution.

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