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(영문) 제주지방법원 2019.06.26 2017고단3222
특수폭행등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. Around 22:30 on May 14, 2017, the Defendant: (a) heard the victim’s speech that “I will keep dysing dysing dysing dysing dysing dysing dysing dysing dysing dysing dysing dysing dysing dysing dysing dysing dysing dysing dysing dysing dysing dysing dysing dysing dysing dysing

2. The Defendant: (a) destroyed special property damage, at the time, at the time, and at the place specified in Paragraph (1) above, immediately after leaving the Victim C an empty wound, the Defendant destroyed the above main wall on the market price in which the Victim owned by the Defendant, by putting the two main disease away from the floor of the second floor and putting the wall to the wall.

3. While the Defendant committed the above act at the time and place stated in paragraph (1) of this Article, the Defendant took a bath against the victim D (the age of 43) who is another customer, and committed assault against the victim by taking the victim’s face part on the hand floor when the Defendant took a bath, and continuing to remove the Defendant’s shoulder, thereby taking the part of the victim’s left face on one hand.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A protocol concerning suspect examination of D;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Articles 261, 260 (1), 369 (1), and 366 of the Criminal Act concerning criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is relatively minor, the defendant has agreed with the victim C, the defendant has no criminal records of the same kind or imprisonment without prison labor or any heavier punishment, and the defendant's age, character and conduct, family relationship, environment, circumstances and results of the crime, etc. are shown in the arguments of this case, such as the circumstances after the crime.

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