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(영문) 대구지방법원 2016.06.02 2016고단944

폭행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On January 19, 2016, the Defendant was sentenced to one year of imprisonment for a crime of obstructing the performance of special official duties in the Daegu District Court's support, and the judgment became final and conclusive on April 11, 2016.

Around December 13:57, 2015, the Defendant: (a) committed assault to the victim on the ground that: (b) the Defendant, at the Dong-dong-si-si-si-si-si-si-dong-si-si-si-si-si-si-si-si-si (hereinafter “D-si-si-si”); (c) the Defendant, while performing the same behavior to see the Defendant’s body on the Defendant’s right arms and legs; and (d) the victim E (the 35 years of age), who was followed by the Defendant, was able to do so; and (c) the Defendant took the same action to see the victim’s body on the part of the Defendant’s right arms and legs.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and E;

1. Visual-recording photographs of a video recording screen;

1. Previous records of judgment: Investigation report (Attachment of final and conclusive judgments), summary of cases, and application of each copy of each judgment to statutes;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which admit and reflects the instant crime, equity with the case of concurrent judgment with the obstruction of the performance of official duties in the judgment that became final and conclusive, and the Defendant’s mental health is not good (Grade II), etc. are to be selected by a fine, taking into account the following factors: (a) the Defendant’s age, sexual behavior, environment, motive and circumstance of the instant crime, and circumstances after the instant crime, etc.; and (b) the sentence is to be determined as per the disposition, taking into account the sentencing conditions specified in the instant trial process, such as the Defendant’s age, sexual behavior