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(영문) 부산지방법원 2018.04.25 2018고단834
특수폭행
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

[criminal history] On February 16, 2017, the Defendant was sentenced to six months of imprisonment by the Busan District Court for a violation of the Road Traffic Act (unlicensed Driving), etc., and the judgment became final and conclusive on May 5, 2017.

[2] On November 4, 2016, the Defendant, at around 01:00, took a bath for his family members without any reason under the influence of alcohol in accordance with Article 101 and 607 of the Doro-dong-dong-gu Busan, Busan, a residence of which is located at around 01:0, and took a smell brue (14cm in length and length) made by an agent, a dangerous object on the table of his own, around 04:25 on the same day, and used a smell brue (14cm in length and length) made by the agent, which is a dangerous object on the table of his own. As the Defendant was displayed on the victim E (V, 47 years in age), and was removed from the victim F (24 years in age). As such, the Defendant was able to take the head of the victim F as he was under the said smell.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation (a photograph, etc. of the head of a assault and a caps);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of facts pending in trial, etc.);

1. Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, and the choice of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 sentencing of Article 334(1) of the Criminal Procedure Act reflects the reason for the provisional payment order, the victims do not want the punishment of the defendant, the victim does not want the punishment of the defendant at the same time with the crime for which the judgment has become final and conclusive, and the defendant's violent crime records shall be determined as ordered in light of all the sentencing conditions.

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