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(영문) 의정부지방법원 2016.05.11 2016고단190
특수폭행
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On December 3, 2015, at around 21:40, the Defendant committed assault against beer’s disease, which is a dangerous object on the table table, on the ground that the victim satisd and satisd and satisd with the victim D ( South, 44 years old) while drinking alcohol together with the restaurant “C” located in Kuri-si B.

Summary of Evidence

1. Defendant’s legal statement

1. Application of Acts and subordinate statutes, such as photographs related to the police statement protocol against D;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act with respect to the facts of a crime (opportune selection);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the defendant did not know about during the period of suspension of execution and used to assault the victim, who was a dangerous object, and that the crime is not minor.

However, the defendant's mistake is often divided, and the victim does not want to punish the defendant.

First, there are some circumstances that can be considered in light of the circumstances, such as the fact that the victim caused the crime of this case, such as breathing the defendant.

In addition, the punishment as ordered shall be determined in consideration of various sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, and circumstances after the crime.

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