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(영문) 수원지방법원안산지원 2020.09.24 2019고단1446
특수폭행
Text

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

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

Reasons

Punishment of the crime

At around 13:30 on November 2, 2018, the Defendant: (a) heard the fact that the victim D (hereinafter referred to as 79 years old) dialogues with village people, and “any Do Do Do Do Do Do Do Do saw Do Do Do Do Do Do Do Do do Do do Do do do do do do do do do do Do do do do do do do do do do do do do do do do do do do do do do do do Do do do do Do do do do do do Do do Do do do do do do do do do do do do do do do do do do do do do do do do do

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

Summary of Evidence

Witness

D and E’s photographs on the victim’s assault (the defendant and his defense counsel) of each legal statement of this case claimed to the effect that the victim did not display a view or assault the victim. However, in light of the following circumstances acknowledged by each of the above evidence, i.e., (i) the victim was consistently and specifically displayed by the investigative agency to the effect that the defendant was faced with a view, (ii) his face and chest, and (iii) the witness of this case was made in compliance with the victim’s statement in this court, and (iv) the witness of this case was made in compliance with the victim’s statement in this court, the fact that the defendant carried dangerous articles, such as the criminal facts, and the fact that the victim committed the assault is sufficiently recognized. Accordingly, the defendant and his defense counsel’s above assertion is rejected).

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 62(1) of the Criminal Act of the suspended sentence has become the victim to have a conflict with the victim while the defendant separates the stolen goods by taking advantage of his/her loss.

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