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(영문) 부산지방법원 2016.08.25 2016고정2441
폭행
Text

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

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

Reasons

Punishment of the crime

1. On May 18, 2016, the Defendant: (a) around 02:00, at the early Busan Dong-dong, the 1st century located in Busan Dong-dong; (b) the victim B (43) who had been taking place in the said place to have a dispute with the homeless at the said place; (c) why the Defendant intended to do so;

At the same time, the victim's right side of the victim's right side was dried up to 1 times by defective ring the dog, and assaulted the victim by taking part in several times.

2. On May 18, 2016, the Defendant: (a) at the same place as around 7:55 on May 18, 2016, and (b) at the same place as paragraph (1); (c) the Defendant assaulted the victim and reported the victim to the police, and (d) the Defendant again went back to the police.

For the reason of being based on “the victim’s left end was assaulted once on the part of the victim by putting the victim’s name on the two hand.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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. 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 are as follows: (a) the Defendant was sentenced by the Busan District Court on June 15, 2016 to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use of camera, etc.) and is pending in the same appellate court trial; (b) the amount of the fine prescribed in the summary order should be reduced partly by taking into account the equity between the criminal facts of the above appellate court and the case where the first instance court has been sentenced.

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