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(영문) 대구지방법원 포항지원 2017.08.11 2017고정246

폭행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 16, 2017, the Defendant: (a) committed a assault, such as assaulting the victim E and her head, by telephone, on the part of “D” operated by her member, at the port north-gu, North Korea; and (b) assaulting the victim’s face one time with the loss incurred by her cellular phone, “In order to refund the bitson’s expenses, the Defendant found the bitr and her head, who is a member of bitr.”

Summary of Evidence

1. Statement made by the police for E;

1. CCTV images;

1. A investigation report (related to A Assaults), investigation report (related to the confirmation of the details of CCTV analysis in the site), and the application of statutes;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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;

1. Although the reason for sentencing under the main sentence of Article 186(1) of the Criminal Procedure Act, there are favorable circumstances such as that the number of times when the defendant faces the victim’s face is reduced compared to the original facts charged, the crime of this case is deemed to be punishable by a fine under the summary order against the defendant in light of the following: (a) the defendant with a strong physical size committed assault against the defendant who is the customer of the Vitice Center and the young female with a strong physical size; (b) the defendant’s report on objective CCTV images that had created the scene at the time of the crime did not appear to be true and genuine until this court begins; (c) the defendant did not completely endeavor to recover from the crime by denying the crime of this case; (d) the victim’s death; and (e) the police officer dispatched after receiving a report by the victim; and (e) the recent criminal records have been committed.

It does not seem that it does not appear.

Accordingly, the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime are considered as a whole.