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(영문) 대구지방법원 2021.01.12 2020고단5522
특수폭행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On September 9, 2020, in front of the C cafeteria located in Daegu Northern-gu B, Daegu, the Defendant thought that the Defendant would be able to take the Defendant’s desire, and the victim D (21) who was under the influence of alcohol (21 years old), victim E (22 years old) and the victim E (22 years old) were able to take the Defendant’s desire, and caused the victims to be faced with the main disease, which is a dangerous object being used in the hands of the victims, and caused the victims to be faced with the victim’s bridge.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to report internal affairs, attaching field photographs, and applying field photographs;

1. Articles 261 and 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include the defendant’s age, occupation, sex, environment, motive and means of crime, results, etc., and the various conditions of sentencing as stated in the argument of this case, and the sentence shall be determined as ordered by taking into account the following circumstances.

D. Unfavorable circumstances: The crime of this case is a case where the defendant was suffering from an illness, which is a dangerous object to the victims, and the crime of this case is not good in light of the method of crime and the means of crime.

On April 25, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor by the Daegu District Court on April 25, 2017, and did not commit the instant crime even during the period of repeated crime.

The favorable circumstances: The defendant is against the defendant, recognizing the crime of this case.

At the same time, the victims did not directly comply with the disease of the defendant's own, and the victims did not have been injured.

The defendant does not want to punish the defendant by mutual consent between all victims and the victims.

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