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(영문) 제주지방법원 2020.08.14 2020고정107
특수폭행등
Text

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

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

Reasons

Punishment of the crime

1. Special violence;

A. On June 21, 2019, around 10:30 on June 21, 2019, the Defendant committed the crime, at around 10:30 on June 21, 2019, referring to the victim D (the age of 64) who was the main owner of the fighting at the entrance of the Jeju-si B apartment parking lot, as “a person attached to one another,” without any justifiable reason, to the victim D (the age of 64) who was the main owner of the fighting at the entrance of the Jeju-si B apartment parking lot. Around 10:30 on June 21, 201, the Defendant: (a) displayed the lux belt, which is dangerous

B. On June 21, 2019, the Defendant: (a) around 10:35 on the same day, around 10:35 on the same day, followed the victim E (the 53 years of age) who fights in C without any justifiable reason; (b) followed the victim’s neck by using her belt.

C. On June 21, 2019, around 17:30, the Defendant, at around 17:30 on the same day, found the Defendant again to C, located in the Jeju City F, and expressed the victim D (years 64) a bath to the victim, and made several sales parts of the victim.

Accordingly, the defendant committed violence against victims by carrying dangerous objects.

2. At around 17:30 on the same day as described in the above Paragraph 1, the Defendant obstructed the victim’s business by force for about 40 minutes, such as finding the victim D(the age of 64) and C operated by the victim G(the age of 60) (the “H” stated in the indictment) and the victim G(the age of 60).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, E, and I;

1. Written statements of D;

1. Application of Acts and subordinate statutes on the list of 112 reported cases, respectively;

1. Relevant provisions of the Criminal Act and Articles 261, 260 (1) of the Criminal Act (the point of violence against carrying dangerous articles and the choice of fines) and 314 (1) of the Criminal Act (the point of interference with business and the selection of fines) of the Criminal Act concerning 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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