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(영문) 의정부지방법원 고양지원 2017.01.12 2016고단3327

폭행등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

On September 24, 2016, the Defendant: (a) was under the influence of alcohol at D main points located in Seoyang-gu C, Seoyang-gu; (b) was under the influence of alcohol with the victim E (22 years); (c) was under the influence of alcohol; (d) was placed on the victim’s cell phone 6 mobile phone; and (e) was laid down on the victim’s own floor after being laid down on the victim’s own floor; and (e) was under the influence of the Defendant’s damage, such as the victim’s failure to set the cell phone at the victim’s market level and the back side thereof.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on mobile phone pictures damaged;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 of the Criminal Procedure Act is that the defendant committed the crime of this case without being among persons who are currently under probation due to drinking driving, etc., and the defendant has repeatedly committed similar violent events and property damage several times. On July 2016, another property damage case, even though the prosecutor was placed a prior notice of the suspension of indictment from the prosecutor, it is necessary to strictly punish the defendant in that it has been repeated after the lapse of two months.

However, it is too harsh to choose a sentence of imprisonment in light of the agreement with the victim in this case and the degree of damage to property, and the defendant will not repeat the sentence.

The sentence shall be determined as ordered in consideration of various sentencing conditions, such as the age, sex, environment, etc. of the defendant.

Rejection of Public Prosecution

1. On September 24, 2016, the Defendant: (a) 21:20 on September 24, 2016, at D main points in Gyeyang-gu C, Gyeyang-gu; (b) while drinking together with the victim E (22 years of age); and (c) her hand assaulted the victim’s left part of his/her arms at one time.

2. Determination

(a) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act;

B. The indication of non-existence of punishment: on December 6, 2016, the statement of non-existence of punishment of the victim was submitted to this court.