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(영문) 제주지방법원 2018.05.21 2017고단1733

폭행치상등

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On June 2, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Gwangju High Court on November 20, 2014, and completed the execution of the sentence at Jeju Prison on November 20, 2014. On August 11, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for an injury at Jeju District Court and completed the execution of the sentence at Jeju Prison on February 28, 2017.

Around 14:40 on April 30, 2017, the Defendant caused the injury of assault and injury to the victim, who was fighting on the ground of ice 67 in the guro-ro 67 in Jeju-si, J. C, the lower court held that the victim D (61 older)’s chest part was flicked to the floor and caused the victim to go beyond the floor and the treatment days cannot be known.

Around 01:20 on August 1, 2017, the Defendant assaulted the victim E (56 years of age) who was home and was staying home at the same time in the Dong-ro branch of the Dong-ro in Jeju Island on August 1, 2017, when she took a bath without any justifiable reason to the victim E (56 years of age).

Summary of Evidence

"2017 Highest 1733"

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. 2017 Height 2437 of each related photograph;

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The place of the offender and the report on the occurrence of a crime (criminal record in judgment);

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to the investigation report (verification of the history of repeated crime);

1. Articles 262 and 260 (1) (a) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

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

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are all taken into account, but in particular, circumstances favorable to take into account the following circumstances into account: (a) appears to be reflective during the period of detention; and (b) agreed with the victim of the assault or injury.