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(영문) 서울서부지방법원 2017.06.01 2017고정296
특수폭행등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Around November 29, 2016, around 04:10 on November 29, 2016, the Defendant: (a) collected beer’s disease on the table, which was placed on the table with the victim E, who is the head of the above main office, and the drinking value problem; and (b) caused beer’s disease to face with the wall.

In this way, the defendant assaulted the victim by using beer disease, which is a dangerous object.

2. On November 29, 2016, at around 04:10 on the main point of paragraph (1) around 04:10, the Defendant damaged property, putting three confluences on the wall by putting three confluences on the wall for the same reason as paragraph (1), shouldering the string, walking the toilet door on the wall, walking a hallway, leaving a hallway, and cutting down one confluence on the floor.

In this way, the defendant damaged the unclaimed property in the city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs, such as site photographs, damaged toilets, and investigation reports (Attachment to CCTV images at the time of committing a crime);

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) (a) of the Criminal Act (a point of special assault), Article 366 of the Criminal Act, and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order. The defendant asserted to the effect that the defendant had a physical and mental weak state due to the polar disorder and alcohol abuse disorder at the time of committing the crime in this case.

However, according to the records, the defendant was in a state of drinking alcohol at the time of committing the crime of this case, and it appears that prior to the crime of this case, the defendant was diagnosed as a bipolartic disorder (deficial disorder) and alcohol abuse disorder and received medical treatment. However, in light of the background of the crime of this case, circumstances before and after the crime of this case, etc., the defendant has the ability to discern things at the time of committing the crime of this case.

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