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(영문) 울산지방법원 2019.06.13 2019고단855

폭행

Text

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

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

Reasons

Punishment of the crime

On March 10, 2019, at around 20:20, the Defendant: (a) stated that the victim C (at the age of 51) was demanded from the victim to calculate the drinking value; (b) stated that “I will not pay any money in accordance with the law according to this clocks, I will not pay any money; and (c) assault the victim at one time on his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act and the choice of fines concerning the crime;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized, and the fact that it is a contingent crime is favorable to the defendant.

On the other hand, the fact that a female victim who does not have any error is not guilty of her booming, and that he/she has a criminal record for the same kind of crime is disadvantageous to the defendant.

In addition, the punishment shall be determined as ordered in consideration of various sentencing factors, such as the defendant's age, character and conduct, environment, and motive for crime.