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(영문) 수원지방법원 2020.03.03 2019고단6070
폭행등
Text

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

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

Reasons

Punishment of the crime

On October 1, 2019, at around 03:45, the Defendant: (a) faced with the victim D (ma, 21 years of age) and shoulder on the front side of the “C” in Gyeonggi-si, Gyeonggi-do; and (b) immediately after the victim was tightly assaulted, the Defendant purchased the Plaintiff’s 1 disease, which is a dangerous object, by entering a Schlage in the vicinity.

The Defendant opened the small-scale purchased so that he can cut the small-scale disease into the floor, shouldered the small-scale disease, and used the shouldered small-scale disease cited in the lush hand, and flickly flicked the Defendant’s clothes on several occasions, and flicked the victim with a shouldered small-scale disease with a lush hand.

Accordingly, the defendant threatened the victim by carrying a shoulderer disease, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Each simple statement of D, E, and F;

1. Application of Acts and subordinate statutes to investigation reports (on-site photographing video investigation);

1. Relevant Article 284 of the Criminal Act and Articles 283 (1) of the Criminal Act and the choice of fines concerning the crime;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not good in light of the background leading up to or means used by the defendant to commit the crime of this case, the defendant's acknowledgement of the crime of this case and reflects the wrongness, the defendant's agreement was made smoothly with the victim, the defendant's criminal records relating to violence only once and 20 years prior to the crime of this case, etc. shall be considered as favorable to the defendant. The defendant's age, occupation, character and behavior, environment, motive, means and consequence of the crime, records including circumstances after the crime, and various conditions of sentencing as shown in the argument of this case shall be determined as ordered by taking into account

Public Prosecution Rejection Parts

1. On October 1, 2019, the Defendant, at around 03:45, walked “C” in Gyeonggi-si, Gyeonggi-si, Gyeonggi-si, with the victim D (Nam, 21 years of age) and shoulder, was faced with, and the victim’s “shall start governance.”

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