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(영문) 부산지방법원 동부지원 2017.09.07 2017고정716

폭행

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a school bus article B.

On March 16, 2017, around 18:38, the Defendant took a bath on the ground that the vehicle of the victim F (n, 48 years old) who was driven by the E-school bus in front of the D cafeteria located in Busan Metropolitan City, would not turn on the vehicle of the victim F (n, 48 years old) that was driven by the E-school bus, and used violence against the victim by spiting the victim's face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the statutes of the response request for appraisal;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the instant assault (i.e., spitation against the victim) is that in light of the nature of the crime and the circumstances of the crime committed by an investigative agency, the Defendant denied his/her criminal act (in other words, the Defendant acknowledged the crime only after he/she became aware that the result of DNA appraisal was reached in this court while denying the criminal act in the investigative agency), and the Defendant appears to have not been aware that the death of the victim or the damage was not recovered. In light of the above, it is not deemed that the amount of the fine imposed by the summary order is excessive.