beta
(영문) 서울중앙지방법원 2019.01.31 2018고정2246

폭행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On January 27, 2018, around 18:24, the Defendant assaulted the victim by means of cutting the victim’s head and back her head and back her back to the direction of the passage through the train, on the ground that the victim B (the age of 22) went through without closing the passage between the guest rooms.

The Defendant, at the same time and time, tried to go out of the scene with the knowledge that the victim reported the Defendant to an investigative agency, but was assaulted by the means that the victim spreads the victim’s hand on the ground that the victim was able not to escape.

Accordingly, the defendant assaulted the victim several times.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant has been punished several times for the same kind of crime, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime and circumstances after the crime are determined as ordered by taking into account all the sentencing conditions shown in the arguments of the case.