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(영문) 서울동부지방법원 2013.10.31 2013고단1698
폭행
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Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant saw alcohol, drives his own vehicle on behalf of the defendant, and gets on the front of Gangdong-gu Seoul Metropolitan Government, a parking lot.

Around 06:00 on June 15, 2013, the Defendant assaulted the victim, i.e., the victim’s her mother-child, who was the mother-child of the victim D (the age of 30) opened a window on the second floor and was sleeped, and was slicked by the victim’s resistance, by taking the victim’s hicker, hand, and pushed the victim with the victim’s hicker, hand, and was parked in the parked vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of D;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The defendant asserts that the defendant's assertion of Article 334(1) of the Criminal Procedure Act regarding the provisional payment order is based on the fact that he/she gets the victim's timber, but did not interfere with the parked vehicle.

In full view of the consistent statements made by the victims of the instant case and the circumstances of the Defendant with interest that could have been known due to the circumstances before and after the instant case, all of the acts of the Defendant, such as the facts charged, can be recognized.

(It is clear that the act of the defendant with the victim's interest meets the elements of the crime of assault. The reason for sentencing has a history of punishing the defendant for the same kind of crime.

However, it is ordered as ordered by taking into account all the circumstances, such as the defendant's mistake, the victim's damage seems to be minor, and the defendant's age, character, character, environment, family relationship, occupation, etc., which are the conditions for sentencing as shown in the records.

It is so decided as per Disposition for the above reasons.

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