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(영문) 대구지방법원 서부지원 2018.11.22 2017고정756
특수폭행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 13, 2017, the Defendant: (a) reported the Defendant’s unloading from a vehicle after parking at the victim C (37 tax) at the front parking lot of 7 front Gung apartment-ro 120-ro 13, 120-ro, Singu, Taegu, Daegu, on July 13, 2017; and (b) without any reason, D she, without any reason, dies with another woman; (c)

In the past, this blick refers to "the blick" and the blick, which is a dangerous object, was flicked to the victim and used violence.

Summary of Evidence

1. C Legal statement;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police against C;

1. C’s statement;

1. Reporting on the occurrence of a crime of violence;

1. A report on internal investigation:

1. As to the investigation report (as to the interrogation of a suspect), [the defendant and his defense counsel only did the defendant left the ground without recognizing the victim, and in light of each of the evidence mentioned in the judgment, especially the victim's statement, the location where the defendant was suffering from the wall of the defendant, and the defendant's speech and behavior against the police officer dispatched upon receiving a report by the victim, etc., the fact that the defendant was protruding the victim under the recognition of the victim at the time of the instant case can be fully recognized.

The above argument by the defendant and defense counsel cannot be accepted.

Application of Statutes

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the selection of fines for criminal facts, and the selection of fines;

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

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act provides that the Defendant is the primary offender, the Defendant’s health status (the Defendant appears to be suffering from the early early March 31, 2016, but it is presumed that the symptoms have deteriorated due to the suspension of professional treatment around April 22, 2016), and the victim also expresses the Defendant’s intention not to punish the Defendant, taking into account the above health conditions of the Defendant, and the Defendant appears to be a witness at this court and the Defendant’s wife.

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