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(영문) 의정부지방법원 2019.01.30 2018고정762
폭행
Text

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

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

Reasons

Punishment of the crime

On May 11, 2018, the Defendant was sentenced to four years of imprisonment with prison labor at Seoul High Court for special robbery, etc. and the judgment became final and conclusive on July 26, 2018.

At around 10:00 on November 13, 2017, the Defendant committed assault on the part of the victim's face and back water when the victim was able to do not work properly while arranging the victim C(51 years of age) and the ward in the Gosidong, Gosidong-si, Gosidong-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Written statements prepared in D;

1. Video CDs;

1. A previous conviction in the judgment: The application of criminal history records to the criminal records investigation [it does not seem that the defendant lacks the ability to discern things or make decisions due to the disorder of the division of labor union at the time of the crime in this case, considering the following factors: the process of the crime in this case; the means and method of the crime in this case; the details of the crime; the defendant's act before and after the crime in this case; and

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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