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Reasons
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(영문) 서울남부지방법원 2015.10.15 2015고정1318
폭행
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A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On March 31, 2015, around 11:40 on March 31, 2015, the Defendant, in front of the Cnaart entrance located in Gwanak-gu, Seoul Special Metropolitan City, was assaulted by the victim D to the right her hand once, and against this, the Defendant, by hand, caused injury to the victim, such as the scambane, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to the violence site withdrawal report, investigation report, and diagnosis report on injury;

1. Relevant Article 257 (1) of the Criminal Act concerning facts constituting an offense. Article 257 (1) of the Criminal Act;

1. Sentence 50,000 won (in light of the fact that the defendant has been imposed six times in total, including the three same kind of violence, and that the victim has a disability, it is difficult to defer the sentence of the defendant: Provided, That the amount of the fine shall be reduced by taking into account ① Confession, ② Confession, the fact that there are some circumstances to take into account the circumstances of the crime, such as inducing the victim first to commit the crime in this case, ③ the agreement was reached in this court, ③ the payment of KRW 40,000 won with the agreed amount (in this case, the notice of the dismissal of prosecution was given in the court), ④ as seen earlier, the amount of the fine was paid in excess of six times prior to the fine, ④ there was no record of punishment, ⑤ the part and degree of the victim’s injury, ⑤ the other part, Defendant’s age, occupation, and economic aspects).

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

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

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