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(영문) 인천지방법원부천지원 2020.12.03 2020고단4292
특수폭행
Text

Defendant

A shall be punished by a fine of 2,00,000 won and by imprisonment of 8 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. Defendant A, around September 26, 2020, had a dispute with the victim while drinking alcohol together with the victim B (son and 56 years old) within the “D cafeteria” located in Bupyeong-si, Gyeonggi-si, Busan on September 26, 2020.

The victim's head was 3 times by gathering 500 c beer residues, which is a dangerous object of chemicalization, by hand.

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

2. The Defendant 2, while drinking alcohol with the victim A (ma, 57 years of age) at the time and place described in paragraph 1, was fested by the victim at three times as above, the Defendant 2, by gathering the victim’s head at the victim’s 500cc beer residues, which is an object dangerous to chemicalization, at one time and at one time, charged the victim’s face by gathering the victim’s face at both hand, and was inflicted an injury on the victim’s face by taking the victim’s face at hand.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Application of each of the Defendants’ written statements E to the crime tools photographs and caps taken by the Defendants and the Acts and subordinate statutes on photographs

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 261 and 260(1) of the Criminal Act; the choice of a fine (such as the fact that the Defendant recognized the instant crime, the fact that the Defendant agreed with the victim, the first offender, etc.)

B. Defendant B: Articles 258-2(1) and 257(1) of the Criminal Act

1. Discretionary mitigation (Defendant B) Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1248, Apr. 2, 2007);

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

1. Suspension of execution (Defendant B) Article 62 (1) of the Criminal Act (Discretionary Mitigation Grounds);

1. The order of provisional payment order (Defendant A) is issued on the grounds of not less than Article 334(1) of the Criminal Procedure Act.

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