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(영문) 수원지방법원 성남지원 2017.09.27 2017고단2001

폭행

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

On July 9, 2017, the Defendant, at around 15:40, expressed a defect in the video bicycle racing on the fifth floor of the 5th floor in Sungnam-gu, Sungnam-si, Seoul-si, and the Defendant was unable to enter the above bicycle race track by drinking alcohol, and was able to avoid disturbance.

Accordingly, the victim C(20) and the victim D(25) who are male employees of the above bicycle race track and this were prevented, and the defendant was laid to the elevator with the first floor, and the defendant was assaulted the victims by breaking the victim C's string frame on the first floor of the above building.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each investigation report and investigation report (matters to confirm mobile phone photographing images) Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act, the selection of fines for criminal facts;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Prosecutor’s opinion - Ten months of imprisonment;

2. Determination of sentence - Determination of a fine of KRW 5 million - The defendant has a strong history of violence on several occasions, but a fine shall be selected in consideration of the fact that the defendant is led to confession and the degree of the exercise of violence is not severe.

In addition, the punishment shall be determined by comprehensively taking into account the various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as shown in the records and arguments.