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(영문) 대전지방법원 논산지원 2017.07.25 2017고단300
특수폭행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant and the victim B (39) as an employee of the cafeteria “D” among the staff of the cafeterias in the field of debate, and the Defendant is the principal store, the victim, and the delivery center.

1. On December 10, 2016, the Defendant: (a) around December 11:30, 2016, at the above “D,” the Defendant, while disputing the victim, carried in his/her hand the excessive amount of goods, which were dangerous in the main room, and throw away the victim from death.

Intimidation was threatened.

2. The Defendant, at around 20:00 on the same day, went back to the above victim who escaped from the Defendant at a same place as the same day, and used the victim’s face by carrying the knife, which is a dangerous object, in hand, carrying the victim’s knife.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Articles 261, 260(1) (a) (a point of special assault) 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. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is inferior to the nature and circumstances of the crime of this case, the punishment as ordered shall be determined by taking into account all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex behavior, environment, circumstance of the crime, circumstance after the crime, etc., as well as the fact that the defendant's mistake is recognized and reflected, the victim does not want the punishment of the defendant, the victim is punished once prior to 29 years, and the defendant has no other criminal records.

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