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(영문) 대구지방법원 2019.05.14 2018고정973

폭행

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Defendant

A is a person who has been confined to the Victim B (50) and the Daegu Correctional Institution C.

On May 12:00 on May 10, 2017, the Defendant used the victim’s face at three times as drinking on the ground that the victim neglected the Defendant while viewing TV in the Daegu Prison U.S. C located in the Seogu Seo-gu Incheon Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Considering the following circumstances in sentencing grounds under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine for the summary order already issued cannot sufficiently achieve the purpose of punishment against the defendant.

Therefore, on the basis of Article 457-2 of the Criminal Procedure Act, the fine shall be increased and the sentence shall be determined as ordered.

Although the guilty facts of the defendant are apparent, it is not clear that the defendant's mistake is not accepted, and his mistake is not repented at all.