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(영문) 대구지방법원 2016.09.09 2016고정1649
특수폭행등
Text

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

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

Reasons

Punishment of the crime

Some of the facts charged were revised to the extent that it does not undermine the defendant's right of defense.

1. On June 28, 2016, the Defendant: (a) committed assault on the part of C main points in Daegu Northern-gu, Daegu, Daegu, on the part of the Defendant: (b) around 22:30, the Defendant: (c) committed assault to the victim, on the part of C main points in C (the victim D (the victim D and 67 years of age) and the drinking value; (d) acted as the victim, on the part of an empty beer who was a dangerous object at the same time, and (e) took care of the suspect, who was in danger at the same time, took up the suspect, and then took up one time the victim and others.

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

2. On June 28, 2016, the Defendant damaged property: (a) at the above C main points operated by the victim E in Daegu Northern-gu, Daegu Northern-gu, Daegu-gu, the Defendant got on the floor by gathering microphones owned by the victim during the course of assaulting D as above.

Accordingly, the defendant damaged the above microphones of the damaged person to be equivalent to 10,000 won for repair.

3. On June 28, 2016, the Defendant was unable to avoid disturbance for about 20 minutes at the above C main points operated by the victim E in Daegu Northern-gu, Daegu-gu, as described in paragraphs 1 and 2 above, in the process of vision as described in paragraphs 1 and 2 above.

Accordingly, the defendant interfered with the victim's main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each police statement made to F and E;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Article 366 of the Criminal Act, Article 314(1) (a) of the Criminal Act, and the selection of fines, respectively, for the 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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