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(영문) 서울중앙지방법원 2020.11.26 2020고정1835
특수폭행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a “B” restaurant.

At around 02:50 on July 19, 2020, the Defendant used violence that D (Nam and fifty-five years of age) in front of a hotel in Jung-gu, Seoul, for the reason that D (Nam and fifty-five years of age) is demanded to search for several times and sell a dog, which is a dangerous object, the Defendant was in the kitchen, a kitchen and a kitchen in the kitchen and a restaurant with the victim's bridge, and the dratant was faced with the victim's bridge.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to photograph a crime tool photograph and photograph of CCTV image images;

1. Relevant Article 261 of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, the choice of fines concerning criminal facts;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant had the kitchen knife and the iron, which is a dangerous object, in response to the victim, and it is highly dangerous in light of the criminal implements and the method of the crime.

However, under favorable circumstances such as the Defendant’s mistake, and the fact that there was no particular injury to the victim due to the instant crime, the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and all other circumstances constituting the conditions of sentencing, including the circumstances after the instant crime, shall be determined as being subject to the disposition.

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