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(영문) 제주지방법원 2017.11.02 2017고정394

특수폭행등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A special assault: (a) on June 25, 2015, the Defendant assaulted the victim’s back head at one time by taking advantage of the following: (b) the victim E (37 years of age) and the fluence in drinking alcohol at D amusement stations located in Jeju Island; and (c) the victim’s fluence at the entrance of the main station; and (d) the victim’s back head at one time.

2. On November 1, 2015, from around 19:00 to around 24:00 of the same day, the Defendant opened a place where gambling was conducted four times in total, as shown in the list of crimes in attached Form 2, in a manner that he/she receives KRW 10,00 per hour from the participants in gambling to receive KRW 10,00 per game participation in the said gambling by preparing for the cards of 52 inside rooms of “G” on the third floor of the third floor of the building located in “G” in Seopo-si, and providing them with the cards of H, I, and E, and by taking 10,000 won per hour from the participants in the gambling at the expense of participating in the games.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to H;

1. Application of statutes on police statements made to H, I, E, and J;

1. Articles 261, 260 (1) (a point of special assault) and 247 of the Criminal Act concerning criminal facts;

1. Selection of each alternative fine for punishment;

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

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

1. Even when considering favorable circumstances such as the Defendant’s reflection of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act and the agreement with the victim of special assault, considering the following favorable circumstances, considering the fact that the Defendant’s motive and nature of the crime are inferior, such as when the victim’s head is committed under each item, the establishment of gambling places, and the number of times of gambling up to four, the amount of fine under the summary order is deemed reasonable.