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(영문) 제주지방법원 2019.07.19 2019고정12
폭행
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. At around 00:00 on November 3, 2017, the Defendant: (a) committed assault against the said victim by pushing the victim E while working in the same manner as the victim E (V, 51 years of age) while being waiting for a taxi under the influence of alcohol on the grounds of unknownness in front of the “Cju store” located in Seopopo City B, Seopopo City; and (b) having the victim E (V, 51 years of age) pushed the Defendant.

2. At the time and place set forth in paragraph (1), the Defendant: (a) took the part of the victim D (n, female, 40 years old) where the Defendant was booming on the right shoulder of the victim D (n, female, 40 years old); and (b) assaulted the above victim by pushing the victim on the body of the Defendant to stop the Defendant; and (c) assaulting the victim on the part of the victim with his left shoulder.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of each statement of the police officer in D and E;

1. Each statement in a complaint filed in Category D and E;

1. To apply Acts and subordinate statutes, recording and video (including attached documents) of police preparation reports (related to CCTV image CDs containing a suspect's assault);

1. Relevant Articles of the Criminal Act and each point of judgment on the selection of punishment for the crime: Article 260 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment specified for the crime of Article 1 which is heavier than the criminal administration);

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

1. 【The grounds for sentencing of Article 334(1) of the Criminal Procedure Act 【The scope of applicable sentences under the law】 A fine of KRW 50,000 to KRW 7,500 (if concurrent crimes are committed, a fine of KRW 500,000)] The Defendant alleged that a fine of KRW 500,000 is excessive. However, in light of the degree of each of the crimes of this case committed by the Defendant, and the fact that the Defendant did not receive a letter from the victims, the above amount of the fine

It is so decided as per Disposition for the above reasons.

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