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(영문) 대전지방법원 서산지원 2017.12.27 2017고단700
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 1, 2017, the Defendant assaulted three times on the right side of the victim, and two times on the chest, on the ground that the victim D (V, 62 years of age) did not only see television and see her talk in the c packing end in front of Seosan City B, Seosan City, on August 1, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of statutes on field photographs;

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. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that he was in a state of mental or physical weakness or mental loss under the influence of alcohol at the time of committing the instant crime. Thus, according to the records, the Defendant was aware of drinking at the time of committing the instant crime, but in full view of the circumstances such as the background and result of the instant case, the Defendant’s behavior before and after committing the crime, it cannot be deemed that the Defendant did not have or lacks the ability to discern things or make decisions, and thus, the above assertion is rejected.

It is an unfavorable circumstance that criminal records of the same kind of reason for sentencing have taken place.

However, considering the fact that the degree of assault is relatively less severe, the degree of assault is against the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., all of the sentencing factors specified in the arguments in this case, such as the circumstances after the crime, etc., the punishment shall be determined as ordered.

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