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(영문) 전주지방법원 2016.03.16 2016고정33
폭행
Text

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

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

Reasons

Punishment of the crime

On September 8, 2015, the Defendant: (a) found the Defendant in front of the D coffee shop located in Seojin-gu, Youngjin-gu; (b) found the Defendant to see his defense, the Defendant told the Victim E (the 49-year-old) to the effect that the Defendant “hicker urine urine?”; (c) laid the signboards of the said coffee shop to the victim E; and (d) took up the left face of the victim E by his hand.

The Defendant, on the ground that the victim FF (33 years) who continued to have observed this, her son, her hand, her hand blicked the victim F's left side her, her blick, her blicked the victim F at several times due to drinking, her walked the left side of the victim F, her blicked the victim G (32 years) with her hand, and her blicked her back part of the victim G with her hand.

In addition, on the ground that the victim H(23) who saw this as the victim H who saw him, the defendant saws the victim H's back water by hand, and was at the time of the victim H's right-hand hand.

Accordingly, the defendant assaulted victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Each statement of E, F, G, and H;

1. Application of the photographic Acts and subordinate statutes;

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

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the defendant's provisional payment order reflects his mistake while committing the crime of this case. Although the defendant had a record of criminal punishment for the same kind of crime, the defendant was merely a previous criminal record for 40 years, and he seems to have been living in a relatively sincere manner since then, he did not commit the same crime until now, and the defendant has been living in a relatively sincere manner, such as his old age, and has not been actively endeavored to recover damage.

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