beta
(영문) 대전지방법원 2019.02.20 2017고단2925

폭행등

Text

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

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

Reasons

Punishment of the crime

around 00:45 on September 24, 2016, the Defendant 2017 Man-Ma2925 walked to the victim B (the 18-year-old) and four other persons (the 18-year-old) who had drinking alcohol at the center of Daejeon-dong, Daejeon-gu, and used the victim to see that “I would like to see why the flags return to the fluor, sing flag, and sing down the flag of the flag.” The Defendant used the victim to flag the 3th floor of the discharged area from active service, flaged the victim’s flag and flag the face one time with the flag and the flag of the head.”

Around September 21, 2018, the Defendant publicly insultingd the victim by openly insulting the victim on the ground that he received warning from the victim E in the circumstances where he/she belongs to the Daejeon East Police Station D District District of Daejeon Police Station: (a) he/she was called out after having received a 112 report that he/she was making a fright, at the center of Daejeon Dong-gu, Daejeon; (b) on September 21, 2018, the Defendant sent a warning to the victim on the ground that he/she could not know about five names of the victims on the ground that he/she was sent a fright at the D District of Daejeon Police Station D, Daejeon Police Station; and (c) he/she received a warning from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. B's written statements, E's written statements and written statements;

1. Application of the Acts and subordinate statutes concerning the inspection of occurrence of the case, on-site photographs, and CCTV images closures;

1. Article 260 (1) and Article 311 of the Criminal Act, the applicable law of criminal facts, the choice of a penalty, and the choice of a fine;

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

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

1. The crime of assaulting the sentencing reason of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order is a crime committed during the period of repeated crime, while there are many criminal offenses committed by the defendant, the defendant is relatively weak and is against the defendant's mistake, and shall be punished by a fine in consideration of favorable circumstances.