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(영문) 인천지방법원 부천지원 2018.02.23 2017고단2780
폭행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On August 15, 2017, the Defendant assaulted the Victim G (37 tax) who is a customer by her hand on the ground that the Defendant’s booms around 04:25, and assaulted the victim by her hand at one time by her hand on the ground that the Defendant’s breath in the “F restaurant” located in Seocheon-si E, Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G, C and H;

1. Application of the Act and subordinate statutes to investigation reports (ctv Analysis Report);

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act has the history of having been punished 22 times or more for violence-related crimes, and the crime of this case was committed during the period of repeated crime, and the motive for the crime of this case was also committed by the injured person on the ground that the injured person does not have a dispute over the defendant's conduct and thus, the crime is not good. However, there are extenuating circumstances such as the fact that the defendant is against his mistake, and the degree of damage to the injured person is relatively minor, etc., the punishment like the order shall be determined by comprehensively taking account of the various circumstances shown in the arguments of this case, including the following:

Rejection of Public Prosecution

1. The summary of the facts charged [2017 Highest 2780] Around August 15, 2017, the Defendant assaulted the victim C (the 25 years old) (the knife, the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k

[2] On August 26, 2017, the Defendant: (a) around 00:20 on August 26, 2017, at “J main point” operated by the victim D (W, 46 years of age); (b) performed drinking together with K; and (c) there was a dispute between K and the victim; and (d) the victim was able to do so by taking a spath of the victim’s spath and spath of the horse victim’s spath; and (b) the victim was able to do so.

Defendant continued to do so at around 01:00 on the same day.

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