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(영문) 의정부지방법원 2016.07.21 2016고정809
특수폭행등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. On November 08, 2015, the Defendant: (a) smoked in the front of the “D main store” in the front of the “D main store” at the time of the government around 00:10 on November 08, 2015; (b) faced with the victim E (34 taxes) and the shoulder, and went back to one’s own table in the boom under the upper limit of the flag portion; and (c) the victim was able to report on himself, and assaulted the victim, who was a non-party fluor, of the dangerous object on the table.

2. The defendant has committed violence against the victim on the date, time, and place mentioned in paragraph (1);

The act of assaulting the victim's left side by drinking his/her fingers at one time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Video images of the motion picture (the defendant and his defense counsel held that the defendant did not have any balance to the victim;

The argument is asserted.

The following circumstances, which are acknowledged by the evidence of the judgment, the victim did not see that the defendant left a fluort, but that the fluort was broken and the fluort was faced with the fluort.

The statement is that F. F. F. F. F. H. statement that the distance between the victim and the shouldered sof. F. F. F. The Defendant assaulted the victim as stated in the criminal facts No. 2 immediately after the outbreak of sof. P. P.C. each act continuously took place, taking into account the location of the Defendant and the victim at the time of the occurrence of the sof.h., the Defendant’s intention to harm the victim, and it is reasonable to deem that the Defendant had the sof.h., with the intent to harm the victim.)

Application of Statutes

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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