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(영문) 대구지방법원 영덕지원 2018.05.02 2017고정78
특수폭행
Text

Defendant

A shall be punished by a fine of KRW 700,000.

Defendant

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

Reasons

Punishment of the crime

B is a person who objects to the project for nutritional wind power generation complex, and the defendant A is a person who consents to the project for nutritional wind power generation complex.

These have been in dispute in connection with the project of the nutritional wind power generation complex.

Defendant

A, around 19:00 on April 12, 2017, assaulted the victim B (65) at the factory near the village hall in the Songdon-gun, Gyeongbuk-gun, Gyeongbuk-do, and assaulted the victim at the time of the victim's body due to booming the breath of the victim's body and booming the victim's body by using breath, with fladles, and with flading the victim's body as a dangerous object.

Summary of Evidence

1. Defendant A’s legal statement

1. Each protocol concerning the examination of suspects of public prosecution regarding B, E, F, and G;

1. Each police statement made to H, I, J, and K;

1. Each investigation report (with respect to photographs of the scene of violence and the contents of dynamics of violence);

1. Application of each video statute;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order are as follows, and all sentencing factors presented during the pleadings of the instant case, such as Defendant A’s age, environment, sexual conduct, motive, means and consequence of the crime and the circumstances after the crime, etc., shall be determined as ordered in light of the above circumstances.

D. Unfavorable circumstances: The part dismissing the prosecution in consideration of the circumstances that are favorable to the defendant A, such as the fact that the defendant A had a record of punishment for the same kind of crime: The part dismissing the prosecution, such as the fact that the defendant A recognized all of the crimes of this case, repented and reflected his mistake, and that the defendant A agreed with the victim and the injured party did not want to be punished for the defendant A.

1. A summary of the facts charged against Defendant B is a person who objects to a project for nutritional wind power generation complexes, and A is a person who consents to a project for nutritional wind power generation complexes.

These have been in dispute in connection with the project of the nutritional wind power generation complex.

Defendant

B on April 2017

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