(영문) 울산지방법원 2019.06.25 2019고단493

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(영문) 울산지방법원 2019.06.25 2019고단493

폭행등

Text

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

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

Reasons

Punishment of the crime

On December 19, 2018, at around 11:30 on December 19, 2018, the Defendant ordered food together with alcohol at a restaurant operated by Ulsan-gu, Ulsan-gu, (8) and used the victim’s bath to the victim who was requested by the victim C to pay the food value, and used the victim’s bath to the victim. On the ground that the victim reported it to the police station, the Defendant accompanied the water storage of plastic materials and gas burners on the container at the bottom.

In this respect, the defendant damaged the property of the victim by the market owner.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of statutes on field photographs;

1. Relevant Article 366 of the Criminal Act and Selection of Penalty concerning the Crime. Article 366 (Selection of Fine)

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the following: (a) the violence of the defendant revealed in the method and attitude of the crime is considerable enough to be committed; (b) the crime of this case was committed several times after having been punished due to the same violent crime; (c) although the public prosecution was dismissed upon agreement with the victim during the public trial, it is not easy to dismiss the public prosecution; (d) the fact that the defendant did not have the possibility of criticism is committed against the defendant, but the defendant did not have the possibility of criticism; (e) the degree of damage caused by the crime of this case does not focus on the degree of damage; and (e) the victim and the victim do not want the punishment for the defendant; and (e) the fact that the victim did not want the basic livelihood security for the defendant, which is favorable to the defendant.

The age, character and conduct, the environment, and the motive and background of the crime of the defendant.

참조조문

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