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(영문) 청주지방법원 제천지원 2021.02.25 2020고단487
특수폭행
Text

Defendant

A The defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On December 2, 2020, around 21:30 on December 2, 2020, the Defendant assaulted the victim’s head on one occasion by having the parents of the Defendant, who were in the Defendant’s apartment C apartment No. D, who were fluent with the victim B ( South, 59 years old) who was fluent and drinking, and who was fluent with the victim’s head.

2. Defendant B, at the time, and at the place specified in paragraph 1, the Defendant set up an open top of the wall after the left top of the left top of the knife in which the knife is not known of the number of treatment days by the victim of the knife ( South, 57 years old) against the assault by the knife Party A (the South, 57 years old).

Summary of Evidence

1. Application of Acts and subordinate statutes to the Defendants’ respective legal statements to explain photographs of each police interrogation protocol (on-site photographs) to the Defendants, and emergency medical service records of the body parts of Defendant A’s body.

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Articles 261 and 260 of the Criminal Act of Defendant A (elective selection of punishment)

B. Articles 258-2(1) and 257(1) of the Criminal Act of Defendant B

1. Defendant B who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant B: Article 62-2 of the Criminal Act;

1. Defendant A: The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances and the Defendants’ age, sexual conduct, family environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., and the sentencing conditions as set forth in the records and arguments as ordered.

Defendant

A D D Disadvantageous circumstances: Violence was made by taking the head of a victim by a dangerous person, which is a dangerous object, and the nature of the crime is not good in light of the method of crime.

The favorable circumstances: At the time of crime and the mistake are divided.

By mutual agreement with pro-friendly victims only, the injured person does not want to be punished by the defendant.

A person shall be punished by a fine for gambling before about 20 years.

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