(영문) 광주지방법원순천지원 2020.10.28 2019고정422

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(영문) 광주지방법원순천지원 2020.10.28 2019고정422

특수폭행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 14:00 on May 13, 2019, the Defendant used the victim’s hand knife (36 cm, 13 cm), which is a dangerous object at the entrance of the store, and used the victim’s hand knife the victim’s knife while executing seizure on the goods in the store, where the victim D (52 years of age) was working with enforcement officers belonging to the Gwangju District Court’s net support branch, who did not repay his/her debt, and used the victim’s hand knife at the victim’s knife.e., the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife.).

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes to the witness D's partial legal statement photographs, mosome photographs and CCTV images (the second court date reproducing and viewing);

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the choice of punishment;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the Defendant’s assertion argues that, while there was a dance in front of the victim, the Defendant cited knobs as stated in the facts charged, the Defendant did not have any fact by citing knobs as in the facts charged.

2. However, according to CCTV images taken by the situation at the time of the instant case, while the Defendant and the victim seem to be closely interested in the instant store, it is confirmed that the Defendant, at the entrance of the store, was aware of what the Defendant was aware of, and what was the part of, the victim.

In particular, at the 35-36 second section, the defendant appears to be the outline of the article he is not simply the shape of the enormous flag, but the shape similar to the date of the mos in the edge of the body.

The victim also appeared as a witness in this court, and it is clear and reliable that the defendant's boom was a handt in the store.

참조조문

유사 판례

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