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(영문) 서울남부지방법원 2016.08.02 2016고단1856
폭행
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 21, 2016, the Defendant, at around 17:34, 2016, expressed a bath to the victim C (64 years) who was known to ordinary places of view, without any justifiable reason, at the front of the commercial site, 43:104, the neighboring main road of Gangseo-gu Seoul Airport, including 43:104, in the middle of the commercial site, and assaulted the victim’s flaps by using one hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to report on site mobilization and investigation (report on hearing statements of victims, etc.) of violent incidents;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of a selective fine for punishment (the punishment of this case has been imposed several times, including the suspension of the execution of imprisonment with prison labor for the crime of violence of the same kind, and the punishment for the crime of this case has not been mitigated in that it has not been agreed with or has not been received in writing with the victim until now, but it appears that the motive and circumstance of the crime are contingent crimes under the influence of alcohol, the motive and circumstance of the crime are also considered, the defendant and children seem to make efforts to treat the habitive behavior of drinking, and both the defendant and children are physically disabled and the children are suffering from the illness of the disabled)

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

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