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(영문) 서울동부지방법원 2017.10.18 2017고정1089
폭행
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On November 6, 2016, at around 01:30, the Defendant: “C” located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “C”) and brought assault on the victim’s bucks by hand on the ground that the victim D (at the age of 22) was in excess of his or her own, etc., on November 6, 2016; the Defendant used the victim’s bucks inside the right bucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The Defendant asserts to the effect that the Defendant was in a state of mental or physical loss or mental weakness at the time of the instant case.

According to the records, although the defendant could have been aware of the fact at the time of the crime of this case, in light of the background leading to the crime of this case, the means and method of the crime of this case, etc., the defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

Since the above argument cannot be accepted, it shall not be accepted.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

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