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Reasons
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(영문) 대구지방법원 2019.06.19 2019고단1523
폭행
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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

At around 03:18 on November 17, 2018, the Defendant, who was a person with a relationship with the victim B (the age of 21), committed an assault against the victim on the ground that the Defendant was in a place other than his house by leaving the taxi in front of the Daegu Dong-gu, Daegu-gu, Daegu-gu, on the ground that he would take the house of the victim, and that he was in a dispute with the victim on the ground that he was in a place other than his house after leaving the taxi, while she was in a booming the body of the victim by her hand, and she was in a fluent manner on the ground that the victim reported this assault to the police continuously.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes to a photograph of a CCTV image closure;

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

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

1. In full view of the fact that the victim, who was a bridge at the end of the final judgment of Article 334(1) of the Criminal Procedure Act, committed violence with the victim who was under his/her control at the end of the dispute, and had the record of being investigated as a violent offender, etc., it is likely that violence tendency is likely to be committed. However, at the time of committing the crime, the degree of violence is not excessive, and the defendant himself/herself has separate relation with the victim without the degree of violence. The defendant's self-abbsing of "under his/her influence, he/she would have the risk of repeating the crime as he/she would have been likely to be reduced, and the defendant's age and family relation should be determined by taking into account the above facts.

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