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(영문) 창원지방법원 마산지원 2018.06.19 2018고단275
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

Criminal facts

On February 17, 2018, the Defendant: (a) at a singing room in the Chang-si Woo-si, Chang-si, Chang-si; (b) on the ground that C had talked with the victim D(63) at the seat of the victim while drinking the said singing room; (c) on the ground that C had talked with the victim at the seat of the victim D(63); (d) on the other hand, the Defendant was faced with the risk of being put on the table, the Defendant got the victim at the wall of the said container; and (e) the strike was in line with the victim’s entrance and drinking; and (e) on the other hand, the victim’s clothes were boomed twice, and assaulted at the victim’s head head by drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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 provides that a person who has caused the reason for sentencing of Article 334(1) is punished against the defendant.

In addition, as long as the Defendant committed the crime in the judgment, there has not been much time to avoid a disturbance similar to the other in the same place.

Such circumstances are disadvantageous to the defendant.

However, the defendant does not have any other criminal records except for those who have been sentenced to a fine once due to a crime of road traffic law while living until now, and in particular, the defendant has no record of being punished due to violence.

In addition, the damage suffered by the victim of the crime is not relatively serious.

The punishment shall be determined as ordered by taking into account such favorable circumstances.

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