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(영문) 대구지방법원 2017.09.15 2017고정972
특수폭행등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who invests and lives in securities without certain occupation.

The defendant, while drunk, found the victim's restaurant operated by the victim, demanded the victim to drink and request the victim to drink, but he was fluent due to the refused fact.

1. On December 19, 2016, the Defendant: (a) found a restaurant operated by the victim D (V, 54 years of age) located in Busan Metropolitan City around 22:05; (b) provided that the victim was able to have the victim work in the main room of the restaurant on the ground that he did not sell alcohol to himself; and (c) provided that the victim was unable to drive the son’s knife with his knife with his knife with his knife on the part of his knife on the part of his knife; and (d) assaulted his knife with his knife four times of knife with another knife.

2. A special assault Defendant: (a) at the time, at the time, and at the place specified in paragraph 1, the victim F (38 Does) who was eating food at that place, was likely to assault the Defendant again; (b) the Defendant obstructed his female from the entrance of steel materials used in a restaurant, thereby putting the chair, which is a dangerous object, on the ground that he does not go against himself; (c) putting the victim F’s head head (G) at a single time; and (d) breaking the bottom into the floor, putting the body above the body of the victim, spherbing him and sphering and sphering him.

In this respect, the defendant used a dangerous suspect to assault the victim.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Application of statutes on part of field photographs among reports on occurrence (special violence, etc.) and reports on internal death (on-site conditions, etc.);

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Articles 261 and 260(1) of the Criminal Act (the point of special violence) and the selection of fines for the crime;

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

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