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(영문) 제주지방법원 2013.11.05 2013고단1115

폭행등

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 02:00 on March 10, 2013, the Defendant: (a) committed assault and assault against the victim by putting in her face the spitation of the spitation of the bat on the face of the victim E (37 years of age) by putting the spitation of the bat on the face, on the ground that the bating of the bat and the drinking value of the bat in Jeju City, would be bad; (b) on the ground that the catling of the bat on the cather face would be bad; and (c) in his/her hand, the Defendant bated the baton

2. The Defendant damaged the property by tearing 160,00 won of the market price of the victim’s 160,000 won when the victim was suffering, at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of the B-Form Acts and subordinate statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Articles 260 (1) and 366 of the Criminal Act and the selection of fines;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: The punishment shall be determined as ordered by taking into account all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The favorable circumstances are recognized from the investigation stage of the facts of the crime, and reflects the fact that the damage is minor: the fact that the damage is not good in light of the circumstances of the crime (i.e., without any justifiable reason, the crime of assault in 199 and 2007, each of the crimes of assault in 199 and 2007, and each fine is 50,0

(zb) In cases of old or minor criminal records, the dismissal of prosecution against the defendant shall be taken into consideration in favor of the defendant; and

1. The summary of the facts charged: (a) on March 10, 2013, the Defendant assaulted the victim, such as spiting and spiting the victim’s fat, in his/her face, on the ground that the victim B (the age of 30) was bad, when he/she had a dispute over the drinking and drinking value at the “Dju shop” located in Jeju City as of March 10, 2013.

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