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(영문) 인천지방법원 2017.01.13 2016고정2425
특수폭행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 20, 2016, around 10:20 on April 20, 2016, the Defendant committed an assault against the victim who was faced with the Defendant’s right-hand suspension of the Defendant’s D's right-hand side by displaying the excessive amount of the dangerous object owned by the victim (the total amount of 21cm, 10.5cm in length).

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspects of D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to photographs damaged;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The defendant guilty of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order Act asserts that although there was a need for a trial between the victim and the victim at the time of the occurrence of monetary issues, he was merely carried over to drink with the victim, and that there was no excessive display of the victim at the time of the occurrence of excessive charges.

However, in light of the following circumstances revealed by the evidence duly adopted and investigated by this court, the Defendant’s assertion on the part of the Defendant is difficult to accept, since the Defendant could sufficiently recognize the fact that the Defendant carried excessive amount as stated in the facts charged and assaulted the victim.

A. With respect to the reason why the Defendant carried excessive amount of money, it is difficult to believe that the Defendant’s statement that the Defendant left the victim’s house by putting excessive money on the new wall because it is difficult to drink the excessive amount of money due to the lack of knife in the victim’s house is difficult.

B. In the instant case, the injured person was assaulted by the Defendant’s excessive use from the Defendant to the investigative agency.

When the defendant makes a statement, the defendant has taken his face by inserting his face.

However, in light of all the circumstances, such as the site situation at the time of the assertion, etc. (at the time, the insertion claimed by the defendant was not discovered).

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