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(영문) 전주지방법원 2016.05.27 2016고정253

폭행치상등

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On May 5, 2015, the Defendant, at around 16:00, assaulted the victim C(71)’s house located in Kim Jong-si, that the victim refused the Defendant’s request to transfer dysnick trees, and recorded the process with knickphones of the victim, and used the victim’s knick knick in order to take the above knick phone from the victim’s handphones.

2. The Defendant was asked to demand the victim C to move out of his house while having brought a dispute with the victim C on the same ground as the date and time set forth in paragraph 1 at the place set forth in paragraph 1.

However, the defendant did not respond to it and did not comply with the request for the withdrawal of the victim without justifiable reasons until 16:10 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to C;

1. Relevant Article 260(1) of the Criminal Act, Article 260(2) and (1) of the Criminal Act, Article 319(2) of the Criminal Act, and Article 319(1) of the Criminal Act, and selection of fines for the crime;

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. When committing the crime for sentencing under Article 334(1) of the Criminal Procedure Act, the first offender is the first offender, the damage is minor, the defendant's side and the victim's side are resolving the mutual conflict of appraisal and making it smooth in the future. In addition, the defendant's age, sex, environment, motive, background, means, method and consequence of the instant crime, etc., and all the sentencing conditions as indicated in the records and the theory of change, such as the circumstances before and after the instant crime, shall be determined as ordered by taking into account the following factors.