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(영문) 서울중앙지방법원 2014.02.05 2013고단7867

폭행

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 3, 2013, at around 21:20 on November 3, 2013, the Defendant: (a) laid the fluences on the ground that the fluences of the victim’s building under the influence of alcohol interferes with the passage of the audience from the building to the outside of the building; and (b) the victim was fluent by taking the victim’s face and fluences by drinking out the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The defense counsel's assertion of the victim photographic counsel argues that the defendant was in a state of mental and physical disability due to the symptoms of alcohol, depression, etc. at the time of the crime. In light of all the circumstances such as the defendant's motive for the crime, the contents of the crime, and the Defendant's speech and behavior before and after the crime, it is acknowledged that the defendant was treated by the above disease before and after the crime, and that the defendant did not have reached the state of lacking the ability to discern things or make decisions at the time of the crime. Thus, the above assertion cannot be accepted.

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.