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(영문) 의정부지방법원 2019.05.16 2018고정1623
폭행
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On September 6, 2018, the Defendant was sentenced to one year of imprisonment with prison labor by assault, etc. at the District Court of Jung-gu District on September 6, 2018, and the judgment became final and conclusive on November 27, 2018.

【Criminal Facts】

On May 14, 2018, at around 16:40, the Defendant assaulted the victim’s left face one time on the ground that the victim B (year 52) was under the influence of alcohol and teared the Defendant’s clothes at the front of the 33-Man-ro Man-si, Namyang-si.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. B written statements;

1. Previous records of judgment: Application of criminal records, references to criminal records, and copies of judgment rendered by the District Court 2018No2625;

1. Article 260 (1) of the Criminal Act applicable to the relevant criminal facts and Article 260 (1) of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. A normal condition unfavorable to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant has a record of criminal punishment several times for the same crime.

A favorable circumstances: The defendant recognizes a crime.

When a judgment of conviction is rendered simultaneously with an established crime, the principle of equity shall be considered.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, character and conduct, environment, motive means of crime, circumstances after crime, etc. and all the sentencing conditions shown in the argument and records of the

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