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(영문) 제주지방법원 2019.05.31 2018고단2290
특수폭행
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, on May 5, 2018, entered the Republic of Korea on the Jeju Tourism Complex and Non-Visa (B-2) visa (B-2), and thereafter entered the Republic of Korea on and around May 25, 2018, entered the Republic of Korea as a refugee application (G-1) refugee status. A victim B (B and 36 years of age) entered the Republic of Korea on and around May 5, 2018 as a mentor national foreigner, and entered the Republic of Korea on and around May 18, 2018, entered the Republic of Korea as the Jeju Tourism Complex and Non-Visa (B-2) visa (B-2) status, and stayed on and around May 18, 2018. The Defendant and the victim were seafarers around July 2018, and were living in the crew accommodation in Jeju.

On July 1, 2018, the Defendant: (a) around 15:57, 2018, she had the victim and his/her his/her clothes, and had a conflict with him/her about his/her face, and (b) took a knife ( approximately 33 cm in total length, about 20 cm in length), which is a dangerous object in the kitchen of the said lodging house, and (c) took the knife in the above knife, and knife the knife part of the victim’s chest toward the victim’s face, and took the victim’s face with drinking.

In this respect, the defendant carried a knife, which is a dangerous thing, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect of the accused and the victim by the prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure and report on investigation (a photograph of blades used for committing an offense);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to recognize and reflect his/her mistake, the victim is not subject to the punishment of the defendant as agreed with the victim, the circumstances leading to the crime, the details of the crime, the age, character and conduct, environment, and other crimes of the defendant.

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