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(영문) 서울남부지방법원 2018.07.25 2018고정514
폭행
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant and the victim B are those who have been receiving medical treatment in the hospital C, and they are not aware of each other. On January 2, 2018, the Defendant committed assault, such as: (a) around 10:28, 2018, on the ground that the Defendant was against the victim B, who was in front of the victim B, in order to extract the number plate from the 1st floor of the C Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government, on the ground that the victim B was faced with the development of the victim B; (b) the body of the victim B was pushed up with the victim B; (c) the victim was tightly pushed up with the b, and the victim B was bread with the bhum.

Summary of Evidence

1. A protocol concerning the suspect B of the police;

1. B written statements;

1. Report on internal investigation (the extraction of CCTV images at the scene of occurrence and reading);

1. Voluntary accompanying report;

1. The Defendant asserts that he cannot recognize the facts charged in the instant case as he did not use violence against the victim B, and instead received treatment from the victim B at the price.

According to the evidence duly adopted and examined by this court, the victim's statement, including the victim's statement, can be recognized as assaulting the victim as stated in the facts constituting the crime in the judgment of the defendant.

The above assertion by the defendant is without merit.

Application of Statutes

1. Relevant Article 260 of the Criminal Act and Article 260 of the Criminal Act (the point of violence and the choice of fines) concerning the crime;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following facts: (a) although the Defendant was tried by the appellate court for the assault case, the Defendant committed the instant crime despite being tried by the appellate court; (b) the Defendant committed a second offense despite the record of punishment for violent crimes; (c) the behavior and degree of the assault of this case are not easy; (d) the degree of damage has not been recovered; and (e) other damage, circumstances after the commission of the crime, the Defendant’s age,

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