(영문) 서울동부지방법원 2015.11.26 2014고단2608

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(영문) 서울동부지방법원 2015.11.26 2014고단2608

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. At around 07:30 on July 6, 2014, the Defendant discovered that the victim C (the age of 42) is smoking tobacco at the frontway of Gangdong-gu Seoul Metropolitan Government (the age of 2) and expressed the victim’s desire to “I will throw away spact and death,” without any reason, while holding the victim’s desire to “I will throw away spact and death.” The Defendant was assaulted against the victim by gathering the plastic spather with a spact that had been spacted in his/her hand.

2. The Defendant reported 112 years of age to the victim C (the 42 years of age) at the time, place, and place indicated in paragraph 1, and committed assault by taking the victim’s head at one time with the hand floor as the victim was able to escape and check the victim.

Summary of Evidence

1. Statement to C by the police;

1. Each written statement of C;

1. The application of Acts and subordinate statutes on site photographs of a shouldered Sowing Sicker's disease, being a suspect at the site of occurrence of the case;

1. Relevant Article 261 of the Criminal Act, Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act and the selection of a fine for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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 to put in plastic bags where the defendant was a finite disease, which is a dangerous object, and the escape of the defendant is prevented, the punishment is to be determined by taking into account all the factors of sentencing indicated in the record, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, etc., that are disadvantageous to the defendant, that the defendant was erroneous, that the defendant recognized the defendant's mistake and agreed with the victim, that the victim did not fit the finite disease by avoiding his body, and that there was no result of injury, etc.

참조조문

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