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(영문) 창원지방법원 2017.07.05 2017고단981
폭행
Text

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

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

Reasons

Criminal facts

On February 28, 2017, at around 10:16, the Defendant assaulted the victim’s chest by hand on the ground that the Defendant, who observed an elevator and returned to the parking lot without the victim’s permission, was the victim getting out of the elevator and going back to the parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are favorable to the Defendant, include the following: (a) the Defendant’s mistake was pened in depth; and (b) there are some circumstances to consider the motive and circumstance leading to the instant crime.

On the other hand, the defendant has been punished for violent crimes even before, and the fact that the defendant has not agreed with the victim until now is disadvantageous to the defendant.

In addition, in full view of the methods and results of the instant crime, various conditions of sentencing as shown in the records and arguments, such as the circumstances after the instant crime, the defendant's age, sexual conduct, intelligence, environment, etc., were determined in the same sentence as the disposition.

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