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(영문) 서울남부지방법원 2018.05.09 2017고단5666

폭행

Text

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

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

Reasons

Punishment of the crime

On November 18, 2017, around 00:45, the Defendant: (a) while smoking tobacco while drinking in front of the 240 bank of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, a prisoner C (55) asked the Defendant to smoke only, and (b) assaulted the victim’s left side one time by drinking tobacco.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C (victim);

1. A written statement of witness D;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 260 of the Criminal Act and Article 260 of the Criminal Act (the point of violence and the choice of fines) concerning the crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act is that the crime of this case was committed by assaulting a victim without any error, and the criminal liability is not weak and is not good in light of the method of

The defendant was subject to criminal punishment several times for violent crimes, but recidivism was committed.

The victim did not recover any particular damage and tried to punish the defendant.

Considering the above unfavorable circumstances, the defendant should be punished with severe punishment, but considering the circumstances after the crime and other circumstances, such as the defendant's age, sex, environment, etc., and the sentencing conditions specified in the records and arguments of this case, the punishment as ordered shall be determined only once.