beta
(영문) 인천지방법원 2017.06.07 2017고단1300

폭행

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 27, 2016, around 09:40 on December 27, 2016, the Defendant tried to enter the △△ pharmacy operated by the victim D (n, 43 years of age) located in Gyeyang-gu Incheon Metropolitan City, and order the goods. However, the Defendant was under the influence of alcohol and did not clearly express his/her intent.

In the process, on the ground that the injured person opens a pharmacy and leads the hand of the accused, the accused was able to take a bath to the injured person and assaulted the injured person twice by his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant had been punished several times for the same crime even before the instant crime was committed, the Defendant was punished for interference with duties at the time and was serving as a repeated crime period, and that he did not agree with the victim is unfavorable.

However, in light of the circumstances, such as the defendant's confession and reflect, and the fact that the injured person was not at the location of the injured person due to the crime of this case, the punishment is determined as ordered by taking into account various sentencing conditions, such as the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime.