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(영문) 대구지방법원 경주지원 2018.06.07 2018고단286
특수폭행등
Text

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

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

Reasons

Punishment of the crime

1. On March 1, 2018, at around 20:15, the Defendant damaged property: (a) in the “D” restaurant operated by the victim C (61 tax) in the racing-si on March 1, 2018; (b) in the so-called “D” restaurant operated by the Defendant, the Defendant, under the influence of alcohol, took a bath for the victims and their employees; (c) was driven away from the above restaurant by the victim; and (d) was driven by the victim, and (d) was walking the above restaurant’s entrance door by hand, and was accompanied by the entrance knife of the entrance knife owned by the victim in excess of KRW 20,00 in the market value.

Accordingly, the defendant damaged the victim's property.

2. Special assaulting the Defendant, at the same time and place as the above 1.1. paragraph, 1. The Defendant collected 2 sick soldiers, who were in danger of being imprisoned on the grounds of the above 1. Paragraph, and was the victim prior to the restaurant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (verification of damage relative to a victim);

1. Relevant Article 366 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination of the sentence like the order, in consideration of the circumstances below the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sexual conduct and environment, etc.

In light of the background of the crime of this case and the form of the act, it is not easy that the crime of this case is committed, the record of punishment for similar crimes can be led to confessions and reflects, the victim wants to take the front place of the defendant, and there is no record of punishment for the same kind of crime since 2009.

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