(영문) 의정부지방법원 2020.10.23 2020고단2557

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자간(%)

(영문) 의정부지방법원 2020.10.23 2020고단2557

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

At around 01:55 on January 1, 2020, the Defendant reported that B did not dispute with the denial of the Republic of Korea's nationality and that it continued to go after the passage of the victim E (the age of 16) and that B did assaulted at one time the face of the victim E, who was the one of B, in drinking, by reporting that B did not object to the denial and avoidance.

Summary of Evidence

Defendant’s legal statement

The application of the police interrogation protocol E to E

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not good enough to form the crime of this case where the defendant committed an assault against the victim who is a juvenile. However, it is recognized that the defendant led to the confession of the crime of this case, the victim has some causes for the occurrence of the crime of this case, and the defendant is also deemed to have suffered damage from the victim, and the damage suffered by the victim is not severe. In addition, the defendant's age, character, character, environment, family relationship, motive for the crime, means and consequence of the crime, etc., all of the sentencing factors indicated in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by the order.

Public Prosecution Rejection Parts

1. Around 01:55 on January 1, 2020, the Defendant: (a) around the D convenience store located in Scheon-si, Spocheon-si; (b) on the ground that the Defendant did not have any dispute over the denial of the Republic of Korea’s nationality and that he/she did so, and (c) he/she did so, even though he/she was still under the influence of his/her behavior, but continued to be in the place of avoidance, the Defendant reported that the Victim B was dissatisfied with the denial and the refusal and assaulted twice the face of the Victim B by drinking.

2. The above facts charged constitute Article 260(1) of the Criminal Act.

참조조문

유사 판례

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