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(영문) 인천지방법원 2016.01.20 2015고단7078
특수폭행
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

On July 14, 2015, at around 19:30 on July 14, 2015, the Defendant, while drinking alcohol together with the victim D(57 tax) within 108, Yeonsu-gu Incheon Metropolitan City apartment housing No. 105 on July 10, 2015, caused the head part of the Defendant’s head part one time and two times by the watch.

In this respect, the defendant carried with himself a sadden branch, which is a dangerous thing, and assaults the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to photographs of the suspect on the spot, photofics, and photo of victims on the site;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act recognizes the crime of this case and reflects the fact that the defendant recognized the crime of this case, and the victim and the defendant agreed smoothly is more favorable, and the fact that the defendant committed the crime of this case even though he had the record of punishment for the same kind of crime and is still under probation period, shall be considered disadvantageously, and the punishment as ordered shall be determined by considering the defendant's age, sex, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc.

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