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(영문) 인천지방법원 2018.09.14 2018고정1929
특수폭행등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. A special assault: (a) around 15:30 on May 31, 2018, the Defendant assaulted the victim’s back head at the D Hospital located near Incheon, on the ground that the Defendant was hospitalized at D Hospital as an illness, such as alcohol addiction, depression, and fladation disorder, and was hospitalized, and the victim F (44 years old) of the Victim F (44 years old) who was the Cart owner of mat in the course of drinking alcohol and drinking alcohol.”

2. The Defendant damaged property, at the time and place set forth in the above paragraph 1, assaulted the victim for the same reasons as that set forth in the above paragraph 1, and then laid down another plastic chair owned by the victim and laid down the department on the floor.

As a result, the defendant damaged one plastic chair equivalent to 50,000 won of the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) (a) of the Criminal Act (a point of special assault), Article 366 of the Criminal Act, and the selection of fines for the crime;

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 under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act require the Defendant to take advantage of economic difficulties, etc. However, the crime of this case is committed by the Defendant with plastic intent, which is a dangerous object under the influence of alcohol, and the nature of the crime is not good, as the result may arise, it may cause a serious result of the crime, and the Defendant does not agree with the victim or fail to repay damage; the Defendant was punished by imprisonment and fines on several occasions due to the same violent crime; the Defendant was punished by imprisonment with prison labor and fines for the same kind of crime; the circumstances leading to the crime; the circumstances leading to the crime; and the circumstances after the crime, etc.

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