beta
(영문) 광주지방법원 2018.11.15 2018고정1084

폭행

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

1. On July 17, 2018, around 12:25, the Defendant: (a) committed assault against the victim D (74 tax) and internal organs at the Nam-gu Seoul Metropolitan Park Senior Community Center; and (b) assaulted the victim D’s flab by drinking bage.

2. On July 20, 2018, the Defendant: (a) around 12:30 on July 20, 2018, around the Southern-gu Seoul Park Welfare Center, the victim D was cut down with his/her shoulder to himself/herself.

For reasons of not referring to that, the victim was assaulted at one time by drinking the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Some of the statements made by the police in relation to D;

1. Application of investigation reports (related to testimony by a witness E phone), investigation reports (related to the nominal ratio of the crime), and statutes;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment for a crime (elective of a 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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s mistake is divided; (b) the Defendant’s age is 81 years of age; (c) the degree of tangible force exercised is not much serious; and (d) other conditions for sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive for committing the crime, and circumstances after committing the crime, shall be comprehensively considered and determined as the order.