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(영문) 서울북부지방법원 2017.07.21 2016고단5388
폭행
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

While the Defendant lacks the ability to discern things or make decisions due to editing fissioned illness on August 21, 2016, the Defendant listened to the desire of the victim C (27 years of age) and two persons who work in the subway Chuncheon-ro 297 from the subway-ro, Jungcheon-gu, Seoul, 2016, to talk with the victim C (27 years of age) on the top of the subway-ro, Jungcheon-gu, Seoul, 297, and tried to talk with the victim, “C’s face.” On the other hand, the Defendant sawd the victim’s face by drinking when the victim’s head at the right side of the victim’s drinking. The Defendant sawd the victim’s breath and turned out the breath of the breath, and then sawd the victim’s face.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the respective Acts and subordinate statutes of D and E;

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 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the instant crime are as follows: (a) the case is not less complicated in light of the content of the instant crime; (b) the Defendant has been punished several times due to violent crimes, etc.; (c) the Defendant confessions and reflects the instant crime; and (d) the Defendant, who was hospitalized from around around 2011 due to editing flots, was deemed to have committed the instant crime in a state of mental and physical weakness due to the foregoing illness; (c) the Defendant was deemed to have committed the instant crime in a state of mental and physical weakness; and (d) the Defendant has no record of committing the crime exceeding the fine; and (e) other circumstances

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