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(영문) 대전지방법원천안지원 2020.11.17 2020고정405
특수폭행등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person engaged in labor, the victim B (the age of 64) is the defendant's will, and the victim C (the age of 61) is a person who operates a head office.

1. Around 20:50 on March 5, 2020, the Defendant assaulted the victim B with a beer disease, which is a dangerous object on the table of the victim’s head, on the ground that the victim B would not have his/her head in his/her singing room where he/she had drinking together in Dong-gu, Nam-gu, Dong-gu. D.

2. The Defendant interfered with business set forth in paragraph (1) at the same time and place as set forth in paragraph (1), and interfered with the Victim C’s business by force for about 10 minutes, on the ground that two beer disease and one beer disease, etc., which are set up on a table, are broken up to the floor and the kitchen.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police officers' protocol B and C (deederer disease, beer disease, part of damage, etc.)

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special violence), Article 314 (1) of the Criminal Act (a point of interference with business), and the selection of fines, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act recognizes the defendant of the reason for sentencing of Article 334(1) of the Criminal Procedure Act. The victims do not want the defendant's punishment, and the defendant has no particular criminal record in addition to the same criminal record before 25 years.

In addition, the degree of violence, degree of interference with business, age, character and conduct of the defendant, circumstances revealed in the trial process, such as the criminal defendant's age, character and conduct, circumstances after the crime, etc. shall be determined as ordered.

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