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(영문) 대구지방법원 2021.02.04 2020고단4942
폭행
Text

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

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

Reasons

Punishment of the crime

피고인은 2020. 4. 14. 22:45 경 대구 남구 B에 있는 C 편의점 앞 노상에서, 피해자 D( 남, 56세) 가 택배 화물차를 운행하던 중 유턴 진행하여 그 부근에서 오토바이를 운행하던 피고인이 이에 놀라 들고 있던 음료를 쏟게 되었다는 이유로 화가 나 피해자를 쫓아 따라 간 후 피해자에게 “ 깜빡이도 안 넣고 유턴을 하느냐,

C fiffe, fe, driving is to be carried out

"In addition, taking a bath, spiting the victim's face towards the victim's face, and assaulting the victim at one time by taking the victim's right head into consideration.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 260 of the Criminal Act and Article 260 (1) of the Criminal Act and the selection of fines for the crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act - The defendant was sentenced to seven months of imprisonment for the crime of injury at the Daegu District Court on September 7, 2018, and the execution of the sentence was terminated at the Daegu Prison on January 11, 2019. On August 12, 2019, the defendant was sentenced to three years of suspended sentence for the crime of rape corresponding to the Daegu High Court on August 20, 2019 and was sentenced to three years of suspended sentence for two years of imprisonment for the crime of rape, which became final and conclusive on August 20, 2019.

A repeated crime due to the same crime is being committed during the period of probation, and the crime of this case was committed without being committed during the period of probation.

The defendant was punished by a fine for attempted fraud and larceny during the period of probation.

A person who was unable to receive an explanatory note from the injured party.

The time to commit the crime.

If a sentence is finalized due to the instant crime, the suspension of execution should be invalidated and the punishment for two years should be imposed additionally. This is somewhat harsh.

A fine shall be selected, but the highest amount shall be declared.

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