(영문) 인천지방법원 2014.02.14 2013고단6801

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(영문) 인천지방법원 2014.02.14 2013고단6801

폭행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 18, 2013, around 01:30 on October 18, 2013, the Defendant avoided disturbance, such as, under the influence of alcohol, intending to take a bath without any particular reason, and to shoulder an empty disease, and assaulted the victim E (the age of 43) by taking care of the victim E, who is another customer of the above main point.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of victims and suspects;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that he was in a state of mental disorder by drinking at the time of committing the instant crime.

According to the defendant's behavior before and after the crime of this case, it is not deemed that the defendant was unable or weak to discern drinking things or make decisions.

Defendant’s assertion is not accepted.

The reason for sentencing is that the defendant commits the crime of this case, even though he had been punished several times for a crime related to the same kind of violence.

However, a fine shall be imposed in consideration of all the sentencing conditions, such as the defendant's age, environment, etc., where the defendant led to the crime of this case and misunderstanding is divided.

Public Prosecution Rejection Parts

1. On October 18, 2013, at around 01:30, the Defendant, under the influence of alcohol at the D liquor located in Namdong-gu Incheon Metropolitan City, the Defendant: (a) avoided disturbance, such as intending to take a bath without any particular reason; and (b) caused the victim B (n, 39 years of age) who is a driver of the said E to be expelled from E, who is another customer of the said main shop; and (c) assaulted the victim B by taking the face of the victim one time by drinking the horse.

2. The offense of assault under Article 260(1) of the Criminal Act is committed.

참조조문

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