beta
(영문) 창원지방법원 2019.09.06 2019고단1853

폭행

Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

On February 4, 2019, at around 01:25, the Defendant assaulted the victim E (age 25) twice on the ground that the Defendant would drink alcoholic beverages in front of the “D” convenience store located in Kimhae-si, Da, would be bad.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police in relation to E and B;

1. Application of Acts and subordinate statutes to investigation reports (field photographs, etc.);

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is based on the following factors: (a) the sentencing conditions of the instant crime; (b) the Defendant’s age, character and conduct; and (c) the following factors:

An unfavorable circumstance: A situation in which the defendant assaults a person who first sees without any reason while under the influence of alcohol and thus the nature of the crime is extremely poor: The defendant makes confession and reflects, and the defendant has no record of being punished for the same kind of crime or of being punished beyond the fine.

1. On February 4, 2019, at around 01:25, the Defendant assaulted the victim B (year 25)’s face from the above convenience store on the ground that he drinks alcoholic beverages in front of the “D” convenience store in Kimhae-si, and is bad.

2. Determination

(a) Crimes of non-compliance with will: Article 260 (3) of the Criminal Act;

B. After the prosecution of this case, the victim expressed his intention not to punish him.

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;