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(영문) 대전지방법원 2019.06.13 2019고정183
특수폭행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a graduate school line in the victim B (Nam, 46 years of age).

At around 21:00 on April 2, 2018, the Defendant discussed about the name of "D's outdoor table C," 'D', and 'D' outdoor table. The Defendant told the Defendant that "When you gather, she will use the name that is later than doctor's, she would be her." However, she would be her so why she will use the name that is later than her doctor's," and she would be her drinking, she would have her back to two times by drinking, and her back to the victim, which is a dangerous thing that the Defendant was seated (37 cm, 37 cm, and 43 cm high).

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to B, E, and F;

1. Application of Acts and subordinate statutes to damaged photographs and photographs of plastics;

1. Relevant laws concerning criminal facts, Articles 261 and 260 (1) of the Criminal Act that choose punishment, and the choice of fines;

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument does not constitute a dangerous article to which the defendant was the injured party.

2. Determination of whether a product constitutes “a dangerous thing” ought to be based on whether the other party or a third party could feel a risk to life or body when using the product in light of social norms in a specific case

(see, e.g., Supreme Court Decision 2010Do10256, Nov. 11, 2010). The following circumstances can be acknowledged by evidence duly adopted and examined: ① the person of plastic in this case is equipped with material quality and robbery to the extent that he/she can bring up an adult with a long time in size of 37 cm wide, 37 cm long, 37 cm high, and 43 cm high; ② the defendant was a victim’s face nearest distance to the victim; ③ the victim is a victim.

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