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(영문) 서울서부지방법원 2017.05.30 2016고단1634

폭행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 28, 2016, around 00:30 on May 28, 2016, the Defendant: (a) provided the Victim C with money from the main stairs of the 13 Seoul Central Square in Seoul Central Square; (b) however, on the ground that the Victim refused to do so, the Defendant expressed the Victim’s desire to “free spacks” on the ground that the Victim refused to do so; (c) provided the Victim’s spack on one occasion at the hand; and (d) reported the defect to the police officer in the vicinity of the Victim.

"At the time of the victim's head at one time with the floor of the hand."

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of C’s written laws and regulations

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides for a sentence as ordered by the Criminal Procedure Act, taking into account the following factors: (a) the Defendant did not and committed the crime among many criminal records of violence; (b) the type and degree of damage the Defendant used; (c) the circumstances leading to the crime; (d) the Defendant’s age, sexual conduct, environment, etc.; and (e) the punishment shall be determined as ordered by