beta
(영문) 서울중앙지방법원 2020.06.23 2019고단8322

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

1. On August 29, 2019, around 23:20 on August 29, 2019, the Defendant assaulted the victim B ( South and 41 years old)’s right face from the front stairs of 13-line subway No. 1-line 2 in Jung-gu, Seoul, Jung-gu, Seoul, with his/her unification.

2. On October 29, 2019, around 15:30 on October 29, 2019, the Defendant assaulted the victim C (here, 38 years of age) at the Seoul East-gu, Seoul East-gu, Seoul, with his/her her her her son, walking his/her son, her son with his/her son, and her son with his/her son’s back with his/her son, and assaulted twice the victim’s her son

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The police statement concerning B;

1. Written statements prepared in D;

1. Application of CCTV images-cape and investigation reporting Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has been punished several times, including the same kind of crime before the crime in this case, and has continuously committed violent crimes. However, it is necessary to punish the defendant, however, considering the fact that the defendant led to the confession of the crime, some victims are responsible to a certain degree of damage, part of the crime is committed in the process of punishing fighting between the defendant and the victim. The defendant was subject to violence from the victim, but the victim was not prosecuted because he was not punished, and the defendant did not properly control his behavior due to intellectual disorder and alcohol addiction, and all the other factors of sentencing in this case including the motive, means and result of the crime in this case, circumstances after the crime, age, character and behavior of the defendant, family environment, etc., the sentence as ordered shall be determined as per Disposition.