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(영문) 인천지방법원 2018.09.03 2017고단4369

폭행

Text

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

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

Reasons

Punishment of the crime

On January 18, 2017, at around 07:00, the Defendant took a bath on the front side of the “C cafeteria” in Bupyeong-gu Incheon Metropolitan City, on the ground that the Victim D (22 3) and the shoulder run against it, and assaulted the Victim’s hair by putting the head debt down.

Summary of Evidence

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to the investigation report ( CCTV images for crime prevention);

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. On May 7, 2015, the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was sentenced to a suspended sentence of two years and six months for special robbery at the Incheon District Court on May 7, 2015, and the said judgment became final and conclusive on October 3, 2015, and committed the instant crime without being during the suspended sentence period.

In the case of assaulting a victim on the minor ground that he was faced with the shoulder, the victim was not injured, and the damage was not restored due to the failure to implement the agreement in accordance with the criminal conciliation procedure.

However, the victim was immediately responding to the defendant's handure, etc., and he did not reach the degree of violence as he met around.

In full view of the above circumstances, the punishment as ordered shall be determined as above.