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(영문) 제주지방법원 2019.09.20 2019고정244

폭행

Text

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

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

Reasons

Punishment of the crime

At around 20:00 on August 3, 2018, the Defendant: (a) sought a dispute with the victim C, which was found by the Defendant on the ground that the Defendant would put the other person on his own examination at the house of the Defendant located in Jeju-si B; (b) was sleeped by having breath of the victim C (the age of 71); and (c) committed assault against the victims on two occasions in his hand by booming the shape of the victim C (the age of 41).

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement or record of suspect interrogation protocol as to E prepared by the police;

1. Statement on the F of the police preparation;

1. Each statement in C and D;

1. Entry into an investigation report (Attachment of related photographs, etc.) of police preparation and application of statutes on images (including attached documents);

1. Relevant Articles of the Criminal Act and each point of judgment on the selection of punishment for the crime: Article 260 (1) of the Criminal Act;

1. former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with regard to a victim C who has rendered a heavier judgment)

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

1. 【The grounds for sentencing of Article 334(1) of the Criminal Procedure Act 【The scope of applicable sentences under the law】 A fine of KRW 50,000 to KRW 7,500 (if concurrent crimes are committed, a fine of KRW 3 million). However, in light of the degree of each of the crimes of this case committed by the Defendant, the Defendant did not receive suspicion from victims, and the Defendant’s criminal records, etc., the above amount of fine is excessive.

It is so decided as per Disposition for the above reasons.