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(영문) 수원지방법원 평택지원 2018.11.29 2018고정181
특수폭행
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On December 26, 2017, the Defendant: (a) committed assault by the victim C (51) who is a taxi engineer in front of Pyeongtaek-si B, on the ground that he had a light at himself; (b) caused a dispute with him; and (c) committed assault by the victim’s head one time with a stick (1m in length) that is a dangerous object brought in his hand while having been doing so.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. C’s statement;

1. Each investigation report, each damaged part and stick photograph, CCTV image-faging photograph, CCTV image CD (the defendant and his defense counsel asserted that the defendant only defends the defendant with a stick and that there was no price for the victim.

However, according to each of the above evidence, it can be recognized that the defendant's head at one time with a stick runs the victim's head and moves the victim to a sacrife part.

Therefore, the above argument shall not be accepted.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of punishment for a crime;

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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