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(영문) 창원지방법원 통영지원 2016.10.27 2015고단1030
특수상해
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On August 18, 2015, at around 00:39, the Defendant: (a) performed alcohol at the G main station operated by the Victim F (53 years of age) within the office of the Masctation located in Ma, Kim Sung-gun; (b) and (c) did not pay the alcohol value; and (d) was reported and voluntarily carried out to the E box.

The Defendant heard that he had a credit rating of 50,000 won even before the victim in the above police box office, and took full payment of the drinking value, and tried the victim by gathering the chairer, who was a dangerous object in the above office, and assaulted the victim once again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Video CDs;

1. Application of the Acts and subordinate statutes to a investigative report (applicable to the attachment of photographs by cutting CCTV images inside a police box);

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 that the defendant has the same criminal records and several criminal records, and the defendant was sentenced on November 2, 2012 to ten months of imprisonment with prison labor due to the crime of injury, etc. at the Busan District Court Branch Branch Branch of the Busan District Court on June 29, 2013, and on June 29, 2013, after the execution of the sentence was completed by the Busan District Court and the repeated crime period (up to two years and two months), the damage of the victim due to the crime is relatively minor. The defendant compensates the victim immediately after the crime, compensates the victim for the damage, made a smooth agreement, and led a social life in good faith, taking into account the defendant's age, character and conduct, family relations, environment, circumstances leading to the crime, means and result, and circumstances after the crime, etc.

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