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(영문) 창원지방법원 2019.08.13 2019고정289
폭행
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Around 00:40 on March 11, 2019, the Defendant: (a) committed an assault to the victim D (the age of 19) on the roads adjacent to the Chang Sea-si, Jindo-si; (b) on the roads adjacent to C, and (c) in the previous drinking site, the Defendant did not accept it, and thus, was in the process of physical fighting, due to the victim’s failure to do so, on the ground that the victim’s scam was scambling, the Defendant scamed and divided the victim’s shoulder by hand; (c) 2 times the face of the victim who was going beyond the floor by drinking; and (d) once again, the victim’s face was scambling.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. An order of provisional payment under Article 334(1) of the Criminal Procedure Act takes into account favorable circumstances such as the Defendant’s confession and reflection of the reason for sentencing, and the primary offender who has no previous record, etc., as well as the Defendant’s age, character and conduct, environment, motive for committing a crime, method of commission of a crime, result of a crime, etc., taking into account all the various circumstances indicated in the trial and records, including the circumstances after committing a crime

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