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(영문) 인천지방법원 2018.09.14 2018고정2062
특수폭행
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a disabled person of Grade I with a disability of Grade II and Grade III with visual disability, and the victim B (59) shall be the head of support center for disabled persons belonging to the National Pension Service D branch in Incheon C.

On June 4, 2018, the Defendant, at around 10:30 on June 10, 2018, consulted with the victim's office located in the above National Pension Service D branch, on the ground that the victim does not take the victim's opinion, but the victim did not take the victim's opinion. However, the Defendant displayed 7-8 times the victim's left arm's length in the above direction.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of damaged photographs), and of damaged photographs;

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 sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act was the victim’s attempt to prevent the victim’s head; (b) the Defendant at the time was in danger in light of the material quality of the fluence guide or the part of the attack; and (c) the use of violence on the ground that his opinion was not achieved while providing counselling on a civil petition; and (d) the sentence is the same as the order.

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