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(영문) 의정부지방법원 2017.05.25 2016고단4882
폭행
Text

Defendant shall be punished by a fine of KRW 3,000,000 (three million).

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

Reasons

Punishment of the crime

On August 3, 2016, the Defendant discovered electric wheelchairss installed in the victim E (V, 51 years of age) on the frontway of the “D”, which is located in the Gu Council-Si around 00:40, around 016.

While the Defendant was trying to drive an electric wheel chairs, the Defendant was able to promptly see the damaged person’s “drawer.”

Defendant 1 used the victim’s left side of the bridge to sit in the front wheel, and used the victim’s arms by hand, and used the victim’s arms to assault the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of E and F;

1. Application of photographic Acts and subordinate statutes, such as victims;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of various circumstances, such as the circumstance leading up to the crime acknowledged by the evidence duly adopted by the court, the means and method of the crime, and the Defendant’s behavior before and after the crime, determination of the Defendant’s mental and physical disorder under Article 334(1) of the Criminal Procedure Act, it cannot be deemed that the Defendant had no or weak ability to discern things under the influence of alcohol at the time to make a decision.

In full view of the circumstances under the grounds for sentencing and other circumstances shown in the arguments in this case, such as the defendant's age, sex, environment, method and mode of committing a crime, and circumstances before and after committing a crime, the punishment shall be determined as ordered.

- The degree of self-gradation and assault, all contingent crimes - criminal records of the same kind at several times and the period of repeated crimes;

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