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Reasons
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(영문) 인천지방법원 부천지원 2018.10.18 2018고단1410
특수폭행등
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A defendant shall be punished by imprisonment for one year.

The charge of special intimidation among the facts charged in the instant case is acquitted.

Reasons

Punishment of the crime

The Defendant, as the victim B and the married couple, is operating the D’s drinking house on the third floor of the building in Bupyeong-si, Seoul with the victim.

On May 17, 2018, at the above D drinking house around 03:20 on May 17, 2018, the Defendant saw that the victim dices with male customers, on the ground that the victim dices with male customers; and

Males also create such good man

The term "the same year of this garbage" refers to "the balk of the same year balk", and the face of the victim can be salved by hand, the victim's balk was balked by hand, and the victim's balk was balked by three times, and the back head of the victim was balked by attaching the head of the victim

In addition, the Defendant left the victim's head because the table, table, glass cup, which is a dangerous thing, was faced with the victim and the dangerous thing was left away.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness B;

1. Results of the CCTV video CD verification by this Court;

1. Statement made by the police for E;

1. B written statements;

1. A investigative report (CCTV image analysis);

1. 112 Reporting case handling table;

1. Photographs of photograph, CCTV-faging photograph and damaged part [the defendant and his defense counsel asserted that the crime is not dangerous, but in light of the thickness, longitude, assault part, assault behavior, etc. of the lower margin, the above argument is without merit].

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 261 and 260(1) of the Criminal Act concerning the selection of punishment, conditions unfavorable to the sentencing of punishment of imprisonment: The defendant himself/herself commits assault against a victim by carrying dangerous articles, and the nature of such crime is very poor;

The degree of violence is very serious.

The crime of this case seems to have been committed by the victim.

There are a lot of records of punishment for the same crime.

Even though it is still under probation, the crime of this case has been committed.

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