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(영문) 창원지방법원 2018.06.08 2018고단855
폭행
Text

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

On January 9, 2018, the Defendant, around 00:20, committed violence against the victim by spiting him three times on the victim D (60 years old) crossing the road, where he was running a taxi on the front of the “C Mart,” located in Kimhae-si B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of victims;

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

1. 가납명령 형사 소송법 제 334조 제 1 항 양형의 이유 피고인은 도로를 건너 던 중 마침 택시를 운행하던 피해자가 경적을 울렸다는 이유만으로 아버지뻘인 피해자에게 욕설을 하고 피해자의 얼굴에 침을 뱉어 폭행하였으므로 그 경위와 수법 등에 비추어 죄질이 좋지 않다.

In particular, the defendant is not aware of the suspension of the execution of imprisonment for the same crime and has committed a second crime during the suspension of the execution of imprisonment, and this case is also the second crime committed during the suspension of the execution of imprisonment.

However, the defendant shows an attitude to reflect in depth the mistake.

It seems that a person has not yet been able to become a human and emotionally mature person in the age of her old age, and has lost her self-defense power and has committed contingent crimes.

The violence used by the defendant is not much serious, apart from the insult or displeasure due to it.

It may also be considered in favor of the fact that the entrance of the military is advanced and the attachment is gathered and living.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.

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