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(영문) 대구지방법원 2019.03.19 2018고정1151

폭행

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

At around 09:40 on August 17, 2018, the Defendant, within the C-securities office located in Daegu Northern-gu, Daegu Northern-gu, in which the said branch’s securities account had not been withdrawn prior to the termination thereof, and when demanding the victim to withdraw and demand the balance to the victim D (the son, 45 years old) who is the site location of the said branch, on the ground that the victim would refuse to withdraw the balance, the Defendant, by hand, assaulted the victim on three occasions with her hand, on one occasion his/her left part of plastic debt that he/she used in his/her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on witness D's legal statement;

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

1. Considering the following circumstances in sentencing grounds under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine for the summary order already issued cannot sufficiently achieve the purpose of punishment against the defendant.

Therefore, on the basis of Article 457-2 of the Criminal Procedure Act, the fine shall be increased and the sentence shall be determined as ordered.

The defendant, while making an improper demand to the victim by his own mistake, did not deny and reflect at any time his/her crime even though he/she assaulted the victim.

It is not agreed with the victim, and there is no effort to agree with the victim, but rather it shows an attitude of misunderstanding the victim.

The victim is also seeking punishment for the defendant.