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(영문) 서울남부지방법원 2013.11.01 2013고단2776

폭행

Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 8, 2013, at around 20:0, the Defendant assaulted the victim by drinking the victim's head at a time when the victim C (Nam, 58 years of age) was drinking together with the victim in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and was drinking together with the victim.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Although the defendant's reason for sentencing under Articles 70 and 69 (2) of the Criminal Code of the Detention in Labor House reaches 13 times the same criminal records so far, considering that the defendant's age is 55 years, it cannot be viewed that the defendant's crime is serious on the basis of the frequency of punishment only.

Furthermore, considering that the Defendant was only five times of a fine since 2006, the Defendant is not punishable with a fine heavier than that of the same kind and the number of times.

In addition, this case is a case where the defendant and the victim have a dispute with drinking together, and is subject to the same punishment as the order in consideration of the fact that the defendant and the victim have a simple violence.