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(영문) 수원지방법원 성남지원 2017.05.25 2017고정287
폭력행위등처벌에관한법률위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 26, 2001, the Defendant assaulted the victim’s face at two times on the hand floor on the ground that the Defendant was in the “E” entertainment bar for the management of Da located in Seongbuk-gu, Sungnam-si, Sungnam-si, and the victim F ( South, 21 years old) considered this bath.

Summary of Evidence

1. Application of the witness F’s legal statement Acts and subordinate statutes;

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. Of the facts charged in the instant case, the summary of night assault in the acquittal part of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the Defendant assaulted the victim as stated in the facts charged in the judgment around November 26, 2001.

Article 2(2) of the former Punishment of Violences, etc. Act, which was amended by Act No. 7891 on March 24, 2006, provides that the punishment of a person who inflicts bodily injury at night or at least two persons shall be aggravated by up to one-half of the punishment prescribed in each Criminal Act, was deleted. Such provision shall be deemed to have been made in anti-sexual consideration, since the previous measure, which had been excessively increased by statutory punishment for violent crimes such as serious injury, etc. committed at night, was committed at night, and thus, it shall be deemed that the previous measure, which had been excessively increased by statutory punishment for violent crimes such as serious injury, was committed at night, and thus, it shall be deemed that the punishment was abolished by amendment or repeal of the Act after the crime under Article 326(4) of the Criminal Procedure Act

Therefore, this part of the facts charged is to be acquitted pursuant to Article 326 subparagraph 4 of the Criminal Procedure Act, but the facts charged include the facts charged of assault and this is within the extent that it can be recognized without modification of the indictment. Thus, as long as it is found that the crime of assault in the judgment within the scope of the same facts charged is guilty, the acquittal shall not be pronounced in the separate disposition.

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