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(영문) 인천지방법원 부천지원 2015.03.05 2015고단101
폭행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 12, 2014, at around 13:45, the Defendant: (a) 13:45 on December 13:2, 2014, the Defendant: (b) was the victim C (the 36-year old), who was found in front of the Seocheon-gu, Seocheon-gu, Seocheon-si, B, in a separate state; (c) her body was cut and her body was cut so that the victim was broken up and her body was cut up to 3:4 times, and the Defendant committed assault against the victim by her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. photographs of damage, each investigation report, and investigation report (Attachment to a list of 112 reported cases);

1. While the Defendant’s shouldered the victim, the Defendant asserted that he did not engage in the same act as the remainder of the facts charged, in full view of each of the above evidence, the Defendant is guilty of all of the facts charged in this case.

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was sentenced to a suspended sentence of two years in July 17, 2014 by the Incheon District Court for a violation of the Punishment of Violences, etc. Act (a deadly weapons, injury to a group, etc.), which became final and conclusive at that time, and committed the instant assault crime without being aware of the fact that it was currently being suspended, and that he did not receive a letter from the victim.

However, in light of the degree of the assault of this case, the age, character and conduct of the defendant, circumstances after the crime, relationship between the defendant and the victim, etc., the sentence is deemed harsh and the sentence is determined as ordered.

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