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Reasons
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(영문) 수원지방법원 여주지원 2013.12.06 2013고정438
폭행등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 03:00 on June 25, 2013, the Defendant assaulted the victim's head on one occasion and one drinking with the victim's F (n, 20 years of age) who was walking at the front of the "Ecafeteria" in the Female-gun of Gyeonggi-do, on the ground that the victim's head was changed to one another, etc., on the hand, and continued to see the victim's chest who resisted the assault one time by hand, and saw the victim's chest by force on two occasions.

Summary of Evidence

1. Each legal statement of witness F and C;

1. Application of the police protocol of statement to F;

1. Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act and the selection of each fine concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with heavy punishment);

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

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Order (Consideration into the fact that the crime in this case was committed by the defendant in a state of detention, the age of the defendant and the degree of indecent act is relatively minor);

1. Where a conviction of the accused against the criminal facts subject to registration of a sexual crime subject to registration becomes final and conclusive in light of the age of the accused, the fact that there is no previous conviction, the degree of indecent act by compulsion, and the circumstances leading up to the instant crime, etc., of Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure of Personal Information, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the obligation to submit personal information to the chief of a police office having jurisdiction over his/her domicile pursuant to Article 43 of the same Act.

Public prosecution shall be dismissed.

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