(영문) 대전지방법원 2019.05.03 2019고정139

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Reasons

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줄 간격

자간(%)

(영문) 대전지방법원 2019.05.03 2019고정139

폭행

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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

On August 11, 2018, the Defendant, at the Seo-gu Seo-gu Bel site of Seo-gu, Seo-gu, Daejeon, on the ground that the victim was the Defendant, while drinking alcohol at the main point of “D” located in the nearby “D,” the Defendant, who was moving tobacco to the main point and the above location on the ground that the victim was the Defendant. On the other hand, the Defendant assaulted the victim by walking tobacco smoke on the victim’s face, sating tobacco butts on the victim’s face, sat back the victim’s left face one time, and walking the victim’s left face part and the left face part once each.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the defendant and C;

1. C’s statement;

1. A report on occurrence, each investigation report, and each internal investigation report;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes concerning a damaged photograph and CCTV image photograph;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Gu opinion of the public prosecutor and summary order: Fines of 2,00,000 won; and

2. Determination of sentence: A fine of 3,000,000 won is divided by mistake, the victim has not been injured and the economic situation is difficult.

However, the crime of this case is committed by the defendant, who sprinks tobacco smoke on the face of a female victim, and assaults the victim's face and bridge. There is no circumstance to consider the situation of the crime, and there is no reason to consider the victim's face and bridge. The method of the crime is only causing the victim, who is a female, to feel a sense of motherhood and shame, and it is very heavy in light of the content of the crime of assaulting women's face without the victim's face.

The defendant is unable to receive a written answer from the victim.

In particular, even though the defendant is under probation, he commits the crime of this case.

참조조문

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