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(영문) 인천지방법원 2018.11.21 2018고단6923
폭행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On August 14, 2018, at around 22:10, the Defendant assaulted the victim’s left-hand son by 4 times on the ground that there was a false scambling in the victim B(44 years of age) on the part of the victim, who talked with the victim B(44 years of age) on August 14, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes to photographs damaged;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the crime of this case was committed by the injured person on the floor of hand on the ground that the injured person did not spread a false written verdict against the accused, and the nature of the crime is not less than that of the injured person on the ground that the injured person committed the crime of this case on August 18, 2016, on the ground that he was sentenced to two years of imprisonment with prison labor due to special property damage in the Gangnam Branch of the Chuncheon District Court on August 18, 2016, and the Defendant committed the crime of this case during the period of repeated offense after the execution of the punishment was completed on May 17, 2018.

On the other hand, the fact that the defendant recognized the crime of this case and reflected the mistake, some of the circumstances that can be considered in the circumstances of the crime of this case appear, and the defendant would not repeat the same mistake again.

It is hard to say that the circumstances are favorable to the defendant.

In light of the above circumstances and other factors of sentencing, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment as ordered shall be determined.

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