(영문) 춘천지방법원 2019.03.07 2018고단1318

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자간(%)

(영문) 춘천지방법원 2019.03.07 2018고단1318

폭행등

Text

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

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

Reasons

Punishment of the crime

On November 22, 2018, at around 04:05, the Defendant: (a) purchased World Cup from the “D convenience store” of the victim C’s operation in Chuncheon-si B; (b) and (c) caused damage by having the contents of the instant E, which were collected in the display stand for the reason that the horses and services of E, a part-time E, a part-time user, do not appear in mind.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes of E and C;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act refers to the circumstance favorable to the defendant, such as the fact that the defendant recognized his/her criminal act, and the fact that the damaged amount of the property was settled by the card and restored the damage.

However, the fact that the defendant has been punished by a fine or a suspended sentence of imprisonment due to an act of violence, and that there is no agreement with the victim of damage to property, etc. are disadvantageous to the defendant.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as

Public Prosecution Rejection Parts

1. On November 22, 2018, the Defendant, at around 04:05 on November 22, 2018, engaged in assaulting the victim E, who was placed in the display stand of the convenience store on the ground that the horses and services of the victim E (the 26-year-old age), a part-time E (the 26-year-old age) were not in mind, while purchasing the instant cups from “D convenience store” in the operation of Chuncheon-si B.

2. Determination is an offense falling under Article 283(1) of the Criminal Act, and Article 283 of the Criminal Act.

참조조문

유사 판례

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