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(영문) 대전지방법원 2016.01.13 2015고정1651

폭행등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On August 27, 2015, the Defendant: (a) around 16:30 on August 27, 2015, the Defendant: (b) obstructed the Defendant’s right edge of the victim in the subway station in the Daejeon 696 Daejeon Seo-gu, Seogu, Daejeon, Seo-gu, Daejeon, for the reasons that there was no brucation by the victim C (Y, 19 years old) and the victim C (Y, 19 years old); and (c) obstructed her head on one occasion with his hand.

Accordingly, the defendant assaulted the victim.

2. On the same day, at around 16:45 on the same day, the Defendant damaged the property by drinking away the amount equivalent to KRW 90,00 in the glass market price owned by the Plaintiff, Daejeon City Railroad Corporation, which had been located in the office of the Defendant, at the office of the said office, at around 16:45, and at the office of the said head.

Accordingly, the defendant damaged the victim's property and harmed its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation (on-site photographs) and a report on investigation (related to the estimation of damage);

1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of fines for the crime;

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. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s attitude, etc. revealed in the proceedings of the instant case, there is doubt as to whether the Defendant reflects the instant crime, the extent of damage to the victim in relation to assault is relatively heavy, but the Defendant did not recover from damage to the victim, the Defendant paid money to the victim in relation to property damage, agreed that the Defendant was able to pay money to the victim, and other various sentencing conditions as indicated in the records and arguments, including the Defendant’s age, environment, and sexual conduct, etc., shall be determined as per the Disposition.