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(영문) 전주지방법원 2020.09.15 2019고단1979
특수폭행등
Text

The sentence against the accused shall be determined by a fine of one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. At around 01:00 on September 30, 2018, the Defendant used a dangerous object, such as a knife and knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, and knife, knife, knife, knife, knife, knife, knife, knife, and knife, knife, knife, knife, knife, knife, etc.,

2. At around 15:00 on October 15, 2018, the Defendant, at the same place as indicated in the foregoing paragraph (1) and returned back to the Defendant, and subsequently, the Defendant used the victim’s humd “humd” that reads “I see why I see my body, and why I see I see?” and used the victim’s humd as the arms of the victim D, thereby pushing the victim out of the front door.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with punishment prescribed for a special assault heavier than punishment);

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act against the provisional payment order (as to the crime of special assault in the market)

1. The gist of the assertion is that the Defendant did not assault the victim as stated in the facts constituting the crime in the judgment, and does not use a knife.

2. Determination

A. The evidence that conforms to this part of the facts charged in this part of the facts charged is that the victim's statement (the other evidence is the victim's statement or is a modified part thereof, and the photograph, etc. does not have any value of evidence independently). If it is reliable, the facts charged are acknowledged.

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