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(영문) 청주지방법원 2016.08.31 2016고단1370
폭행
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 21, 2016, at around 12:20, the Defendant used “F Park” located in Cheongju-si, considerable area of Cheongju-si, and used “F Park” to the victim G (60 years of age) without any justifiable reason, for drinking alcohol, when the victim’s face is taken by drinking, and assaulted the victim on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of each police statement protocol to G and C

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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 include only the past record of having been punished several times due to violent crimes, etc., and the fact that the Defendant committed the instant crime at the same time during the period of suspension of execution despite the previous record of suspension of execution, is disadvantageous to the Defendant. The fact that the Defendant led to the instant crime and is against the Defendant is favorable to the Defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

Rejection of Public Prosecution

1. This part of the facts charged

A. On June 21, 2016, around 12:20, the Defendant committed a crime against the victim C, in “F Park” located in Cheongju-si, Cheongju-si, a considerable amount of the part of the victim C (81 older) who was reporting the Defendant’s view of G at the same place without any reason, and assaulted the victim by making the victim a hand-day.

B. On June 21, 2016, at around 20:30, the Defendant committed the crime against the victim D, the Defendant, alone, assaulted the victim when he/she drinks the victim D (43 tax) who is a customer with drinking alcohol, without any reason, while drinking alcohol on his/her own.

2. We examine the judgment. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act and may be prosecuted against the victim’s express will in accordance with Article 260(3) of the Criminal Act.

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