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(영문) 서울북부지방법원 2020.11.09 2020고단3220
폭행등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is between the victim C (or 25 years of age) and his relative, and she went to a singing practice room located under the ground of Seoul Special Metropolitan City, Nowon-gu, Seoul, which is operated by the victim B (44 years of age).

1. Around 02:10 on July 13, 2020, the Defendant assaulted the victim’s face and head 3-4 times as a drinking, on the ground that the victim C was under drinking in the instant E-sing practice room and was unbrupted, thereby putting the victim’s face and head c-4 times.

2. The Defendant damaged the property of the victim, at the time and place set forth in paragraph (1), and at the same time, damaged the victim’s property so that the amount equivalent to KRW 1,020,000 of the repair cost is to be 1,020,000 of the toilet partitions owned by the victim B, such as door, change, and cremation box.

Summary of Evidence

1. Defendant's legal statement;

1. Report on occurrence (damage, damage, and violence);

1. Written estimate;

1. Application of statutes on field photographs;

1. Relevant Article 260 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of violence and the choice of fines) concerning the facts constituting an offense;

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 defendant of the reason for sentencing under Article 334(1) of the Criminal Procedure Act committed the crime of assaulting and damaging property on the ground that the defendant was under the influence of alcohol despite the fact that he had been punished several times for the same kind of crime. In this regard, there is a high possibility of criticism.

However, considering the fact that the defendant recognized the crime of this case, the victim B of the crime of causing property damage, the victim does not want the punishment of the defendant, and the defendant is making efforts to treat the stimulative disorder instead of drinking alcohol in the future, considering the circumstances favorable to the defendant, and taking into account other circumstances, such as the defendant's age, character and behavior, environment, and circumstances after the crime, the punishment as ordered shall be determined in accordance with the order.

Public Prosecution Rejection Parts

1. The Defendant is guilty of the facts charged.

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