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(영문) 서울중앙지방법원 2016.12.20 2016고단6116
폭행
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

The Defendant, around 04:00 on May 15, 2016, at the main point of “D” located in Gangnam-gu Seoul Metropolitan Government C, listened to the words “D” while smoking tobacco within the main point, and took a bath among others, and took a vision.

The Defendant continued to take care of the foregoing E and their behaviors out of the main point of view, and accordingly, came out of the main point of view, and came out of the victim F(22 years of age) and the victim G(22 years of age).

Accordingly, the defendant threatened the victim F with "Isn't want to do so if I do not want to do so, she will die in her to do so" and "Isn't her face twice in her own," and assaulted the victims when Isn't her face of the victim G who tells the second defendant twice in her own way.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F and G;

1. The police statement concerning F;

1. Application of the G’s written Acts and subordinate 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 assaults victims who were fighting. The punishment shall be determined by taking into consideration the following favorable circumstances: (a) the motive or circumstance leading up to the instant crime is not good; (b) the Defendant did not reach an agreement with the victims; (c) the Defendant committed the instant crime, despite having been punished several times of violence in the past, and (d) the Defendant again committed the instant crime; and (b) the Defendant’s acknowledgement of certain crimes and reflects mistake; and (c) the degree of damage to the victims is relatively minor.

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