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(영문) 부산지방법원 2016.07.14 2016고정2171
폭행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 30, 2015, the Defendant was sentenced to imprisonment with prison labor for an indecent act by force from the Busan District Court, and the judgment became final and conclusive on February 14, 2016.

On August 10, 2014, at around 4:34, the Defendant assaulted the victim's face when spiting the victim's face and drinking spiting it into the right side of drinking, on the ground that the victim D (at least 20 years of age) was neglected to her horses and talked with her aftermath in front of the C cafeteria located in Busan, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (as to attachment of photographs of parts to be damaged by the victim), a report on investigation (as to the suspect);

1. Previous records: Inquiry into criminal records, each written judgment, and application of statutes to search and output of a net case;

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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (the punishment shall be mitigated in consideration of the equity in cases where a judgment is rendered simultaneously with the crime of indecent conduct in which judgment becomes final and conclusive);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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