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(영문) 서울남부지방법원 2017.10.13 2017고단2595
특수폭행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 20:40 on May 12, 2017, the Defendant assaulted “C” main points located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, on the ground that the victim D (51 taxes) who drinks alcoholic beverages on the side table table while drinking alcoholic beverages together with drinking, and two persons working on the table hump. B. On the ground that the Defendant was humping, he was the victim of glass oil, which is a dangerous object on the table humb, and the Defendant dumped against the victim’s losses by sticking the hump of glass, which is a dangerous object on the table hump, to the victim’s hand.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. The CD (CCTV video);

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the selection of fines for criminal facts, and the selection of fines;

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

1. There is no criminal record exceeding a fine for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and both criminal records are prior to 2010.

A injured person does not want the punishment of the defendant.

Although the Defendant assaulted the victim with a dangerous product soften, the Defendant was relatively weak due to the victim’s trust on his own, and did not directly fit for the remaining part of the product.

Defendant is against his gender.

In light of the above circumstances, the punishment is determined as per Disposition, taking into account the matters stipulated in Article 51 of the Criminal Act.

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