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(영문) 인천지방법원 2013.04.12 2013고정561
폭행등
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 6, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Incheon District Court on March 29, 2013, and the judgment became final and conclusive.

1. 피고인은 2012. 07. 13. 20:38경 인천 중구 B회관 정문 부근 노상에서 처음보는 피해자 C에게 막걸리를 같이 먹자고 하였으나 피해자가 이를 거부한다는 이유로 격분하여, 발로 피해자의 얼굴을 1회 걷어차고, 계속해서 바닥에 넘어진 피해자의 얼굴부위를 발로 2회 걷어찼다.

As a result, the defendant injured the victim by the complete escape of the left-hand bad faith requiring medical treatment for 28 days, and an open standing room for the entrance.

2. Around 21:00 on March 23, 2012, the Defendant, on the ground that the Defendant demanded the victim E, who is an owner of the business in the music room in Jung-gu Incheon, Jung-gu, Incheon, but refused to do so, took the victim’s face at least three times, and assaulted by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A written diagnosis of injury;

1. Previous convictions: Application of Acts and subordinate statutes of defendant's legal statement;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 260 (1) of the Criminal Act (the point of violence), the selection of each fine for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. Taking into account the fact that the reason for sentencing Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) of the provisional payment order could have been tried as the first head crime in the judgment.

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