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(영문) 부산지방법원 2017.05.31 2016고정4193
폭행
Text

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

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

Reasons

Punishment of the crime

1. On November 201, 2014, the Defendant: (a) took a dispute with one another on the ground that the Victim C (V, 43 years old) who was late in the middle of the restaurant in which the trade name in the Seocho-dong of Busan was unknown at the beginning of November 2014, the Defendant assaulted the Victim on the ground that he did not take personnel care of the victim C (V) while drinking alcohol at the restaurant; and (b) did not take custody of the face; and (c) the Victim was able to take the head debt of the victim on his hand.

2. On September 5, 2016, at around 10:40 on September 5, 2016, the Defendant: (a) stated that “The mother of the father of the father of an elementary school in which the Defendant’s father is accompanied by his/her father’s mother” at the E office located in Busan Dong-gu, Busan, that “the mother of the mother of the father of the father of the elementary school in which the Defendant is accompanied by his/her mother, without any connection, took a bath to the meeting; and (b) assaulted the victim by his/her hand by putting the victim’s left shoulder.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes to police investigation reports (Attachment of photographs, recording notes);

1. Relevant Article 260 of the Criminal Act and Article 260 of the Criminal Act and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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: (a) the Defendant’s mistake is divided and reflected in his or her fault; (b) the circumstances leading up to the instant crime; (c) the Defendant’s age, sexual conduct, environment; (d) motive, means and consequence of the crime; and (e) the circumstances constituting the conditions for sentencing, such as the circumstances after the crime, shall be mitigated than the summary order.

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