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(영문) 전주지방법원 2018.10.18 2018고정403
폭행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Defendant is a position to support E pastors who were subject to a disposition of withdrawal from the Association of Korea D's Union of Korea for the members of the members of the C church located in Yong-gu Seoul Metropolitan Government. The victim F (V, 43 years of age) is a position against E pastors.

On May 6, 2018, the Defendant: (a) around 09:33, at the same time, delivered praises on the part of the Defendant at the instant C church.

G's sponsoring family members, followed the victim who tried to refrain from this, and followed him/her, the victim's head was in his/her custody.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of each photograph, CD-related statute;

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. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Although there are unfavorable circumstances such as: (a) the fact that the victim’s use of assault against the victim for sentencing under Article 59(1) of the Criminal Act was not recovered from damage due to such use of assault, etc.; (b) the defendant recognized the facts charged in the instant case and expressed his intention of reflect against the mistake; (c) the first crime was caused by internal disputes inside the members of the C church; and (d) the dispute resolution process between members of the church is not caused by one another; and (c) in the case of other cases which occurred within the C church, there are parts to be considered as favorable circumstances, such as the agreement to substitute (the date and time of delivery of the defendant, the suspension of indictment was imposed in the assault case against other victims at the same place); and (d) other factors, such as the defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined by taking into account all the factors indicated in the records in the instant case as ordered.

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