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(영문) 창원지방법원 2016.06.23 2016고단771
특수폭행등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant and the victim C(46 years) are dental doctors.

1. On December 17, 2015, the Defendant was present at the “E” drinking house located in Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, and was drinking together with the victim at the meeting of D D D, and whether the Defendant was unable to join the golf meeting before 5-6, without paying subscription fees.

는 말을 들어 기분이 나빴는데 피해 자로부터 골프 모임에 가입하라는 말을 또 듣게 되자 오른손으로 테이블 위에 놓여 있던 위험한 물건인 정종 술병을 집어 들고 피해자를 향해 내리쳤다.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. At the time, at the time, at the place mentioned in the above paragraph 1, the injured Defendant got a victim from a static alcohol disease, as described in the above paragraph 1, but the victim prevented him from doing so and her from being removed from the surrounding people, and caused injury to the victim, such as salt, tensions, safes, left-hands, and tissues, which require approximately three weeks of treatment to the victim by hand and drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to the head of a complaint and an injury diagnosis report;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act, Article 257(1) (a point of bodily injury) of the Criminal Act, and selection of fines for criminal facts;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant assaulted the victim on the ground that he or she was in bad condition due to his or her conversation, and continuously inflicted an injury upon the victim due to his or her drinking. However, the crime is not less complicated in that he or she did not have any previous record except that he or she was sentenced to a fine twice due to driving of drinking, and that it does not reach an agreement with the victim.

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