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(영문) 대전지방법원 2021.01.12 2020고단4185
폭행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On November 15, 2019, the Defendant was sentenced to a suspended sentence of two years and six months for special robbery by the Daejeon District Court, and the judgment was finalized on November 23, 2019.

On May 12, 2019, the Defendant: (a) around 02:10, on the second floor of Seo-gu Daejeon Daejeon building B, the victim D (son, 20 years of age) at which the Defendant was living in C, was faced with face from the victim; (b) the victim’s face part was taken twice by knish drinking; (c) the victim’s face part was continued to be taken once by considering the victim’s face on one occasion by drinking to the left hand; and (d) the victim got back to the back when the police was called to the scene; and (e) the victim was sent to the scene after the police, while the victim was being called to the scene, the victim was frighted to drinking to the police officer; (e) the victim’s face was taken to go beyond the victim’s face to drinking; and (e) the victim was injured by the victim, such as the number of days of treatment, the opening of the face, the bridge of

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the suspect of the police against the defendant, D, or C (including the part concerning the C's statement);

1. Statement made by the police for E;

1. A written statement of F and G;

1. Each internal investigation report and investigation report;

1. A medical certificate;

1. On-site and damaged photographs and CCTV video CDs;

1. Previous convictions: Inquiry of criminal history, report on investigation (Attachment of a final judgment by a suspect) and application of statutes of the judgment text;

1. Relevant legal provisions for criminal facts, Article 257(1) of the Criminal Act for the selection of punishment, and the selection of fines (in light of the details of the crime of this case and the result of injury, etc. of this case, the liability for the crime is nonexistent, the error is divided in depth, contingent crimes are committed, the injured person does not want the punishment of the defendant by mutual agreement with the victim, and considering favorable circumstances for the defendant, such as circumstances where the judgment has been rendered together with the special robbery as indicated in the judgment and need to consider equity, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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