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(영문) 창원지방법원 마산지원 2018.06.19 2018고단328
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

Criminal facts

On October 22, 2017, the Defendant: (a) at a “cafeteria” restaurant located in Changwon-si, Changwon-si, Changwon-si, Changwon-si; (b) on the ground that the Victim D (67 years old) and drinking were about to go first while the Victim tried to go ahead of the drinking value.

The term "" refers to Macker's disease, which is a dangerous object on the tables, was fluored by hand, and the victim's head was fluored once, and the glass cup, which is a dangerous object, was fluored by the victim's head and was fluored by the victim's head.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing the place of emergency medical services activities;

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. In the event of a criminal record due to an act of violence on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, 24 times or more, among them, a criminal record due to an act of violence on the grounds of sentencing is subject to criticism that the criminal defendant has not been trained and again committed violent crimes even if he/she had been sentenced to imprisonment and has been sentenced nine times (including a case where the suspension of execution is invalidated).

In addition, it does not conform to the purpose of the sentence of imprisonment again for the defendant regardless of the seriousness of the criminal justice in that the defendant has committed another violent crime during the period of a repeated crime due to a criminal offense committed by an act of violence.

I think about it.

However, the circumstances of the instant crime are relatively minor compared to other violent crimes.

In addition, on November 13, 2017, when D remains from the date of the crime, the victim of the instant crime submitted a written agreement to the effect that "I do not want to be punished for the Defendant because D was subject to death from the Defendant," and "breath."

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