beta
(영문) 대전지방법원 2019.05.09 2019고정218

특수폭행

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 September 23, 2018, at around 12:40, the Defendant: (a) talked with the victim D (Nam, 58 years of age) who is a ccafeteria outside of Sejong Special Self-Governing City, with a ccafeteria line and rear line, and had the victim talked with the Defendant that she was able to talk with the Defendant’s body; and (b) the her fluor’s disease was fluencing the Defendant’s body, the Defendant assaulted the victim, who was a dangerous object, against whom the fluor’s disease was fluent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning the case

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of punishment for a crime;

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

1. Article 334(1) of the Criminal Procedure Act provides that the victim did not have any special injury for the reason of sentencing of the provisional payment order.

The defendant does not want the punishment of the defendant by mutual consent with the victim.

However, the Defendant was punished for several violent crimes, and was sentenced to imprisonment with prison labor due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was released from prison, and again committed the instant crime only for about one year and seven months.

It is a dangerous crime that may cause a significant result even though the victim did not have been injured.

Such circumstances and the defendant’s age, character and conduct, family relationship, motive, means and result of the crime, and the circumstances after the crime are considered, the punishment as ordered shall be determined in consideration of the sentencing conditions.