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(영문) 서울서부지방법원 2018.07.05 2017고정844
특수폭행
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

around 00:50 on January 24, 2017, at the main point of “D” located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu, the Defendant carried the victim E (34 tax)’s face two times in drinking, and took the part of the victim’s left head on the back of the back.

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

Summary of Evidence

1. Legal statement of witness E;

1. Recording statement of witness F in the third public trial records;

1. Damage photographs (based on the victim and the F's opinion and the damaged photographs conforming to the victim's statement, it can be recognized that the defendant committed an assault, such as the defendant's statement of facts constituting the crime against the victim).

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Articles 261 and 260 (1) of the Criminal Act;

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

1. Provisional payment order: In light of the background leading up to the dispute between the Defendant and the victim, and the form and degree of the Defendant’s use of force, the Defendant’s act was not a passive defense but an active attack against the victim, which was revealed by the evidence duly adopted and examined by the court, as to the defense of the political party under Article 334(1) of the Criminal Procedure Act

Since the defendant's right of defense can be determined, the defendant's right of defense cannot be accepted.

The reason for sentencing [unfavorable circumstances] The part dismissing the prosecution that the defendant was placed at first time and did not have any record of punishment in addition to punishment once a punishment is imposed.

1. On January 24, 2017, the Defendant assaulted the victim by drinking the victim F (31)’s distribution and face at the main point of “D” located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul.

2. The offense of assaulting the victim shall not be prosecuted against the clearly expressed will of the victim in accordance with Article 260(3) of the Criminal Act as an offense falling under Article 260(1) of the Criminal Act.

In the crime of non-performance of will.

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