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(영문) 서울중앙지방법원 2017.02.03 2016고단8340
폭행
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal history] On December 2, 2016, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Eastern District Court ( driver assault, etc.) and the judgment became final and conclusive on December 10, 2016.

[Criminal facts] On November 12, 2016, at the D Emergency Hospital in Gangnam-gu Seoul Metropolitan Government Office around 20:45, the Defendant: (a) on the emergency room of the D Hospital in Gangnam-gu, Seoul; and (b) on the part of the patient during the course of the procedure of the treatment, “where the patient is

The victim E (34 years old) who is an employee of the expense for senior citizens, committed assaulting the victim’s face at one time as drinking, on the ground that the victim E (34 years old) “I have a new attack under the invasion.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment of subsequent concurrent crimes data), and application of Acts and subordinate statutes attached thereto;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The crime of this case was committed once again despite the fact that he had been sentenced several times for the same kind of crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act. The crime of this case is a concurrent crime with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( driver's assault, etc.) in which the judgment became final and conclusive and the crime of this case is concurrent crimes after Article 37 of the Criminal Act. The defendant has made efforts for recovery of damage, such as deposit of certain money for the victim, etc. In addition, the defendant's age, sex, sex, family relationship, motive and means of the crime, and the circumstances that are the sentencing conditions specified in the records of this case shall be determined as ordered by taking into consideration the following two factors.

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