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(영문) 광주지방법원 목포지원 2020.04.21 2019고정232

폭행등

Text

Defendant shall be punished by a fine of KRW 500,000.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim B(77 years of age, South Korea) and the welfare center for the elderly in C.

1. Around 10:50 on May 24, 2019, the Defendant assaulted the victim, following the victim’s assault from the route of the C Older Persons Welfare Center for the elderly, to drive away from the restaurant to the restaurant to drive the victim’s meals, by driving down the vehicle on his/her hand, etc.

2. The Defendant causing property damage, as mentioned in the preceding paragraph, destroyed the victim B, by cutting the stick in his possession one time on the floor so that the stick can be carried by him.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. CCTV images and other closure photographs of related images;

1. Application of the reporting of the occurrence of violence Acts and subordinate statutes;

1. Relevant Article 260(1) of the Criminal Act, Article 366 of the Criminal Act and Article 266 of the Criminal Act, the choice of fines for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act (in a case where the suspension of execution of a sentence is invalidated or revoked) recognize and reflects the defendant's mistake, the degree of damage is minor, and there are circumstances to consider when the crime of this case was committed. There are no records of criminal punishment for the last 50 years, taking into account all the factors of sentencing as shown in the records and arguments, including the defendant's age, character and conduct, family relationship, health status, etc.