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(영문) 대전지방법원 2016.09.30 2016고정739
폭행
Text

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

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

Reasons

Punishment of the crime

On April 16, 2016, around 15:25, the Defendant used for the following reasons: (a) in front of the restaurant called “D” located in Daejeon-gu Daejeon-gu, Daejeon-gu, for the Defendant’s reason that the Defendant would cause inconvenience to the passage of the people who are on the street in the market; (b) the victim E (60 years of age) was fluencing the victim’s chest part on a single-time basis; and (c) the Defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to field photographs, investigation reports (CCTV material photographs), investigation reports (to hear statements, such as victim E and the situation of the occurrence of the incident);

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;

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is a situation unfavorable to the defendant, such as the following: (a) the defendant has laid down the chest part of the victim as the end part of the mountain, with significant degree of violence and danger; (b) the damage of the victim has not been recovered; and (c) the defendant has records of the same kind of crime six times.

However, it appears that the defendant recognized the crime of this case and reflected against the defendant, the defendant seems to have caused the crime of this case by contingently while driving with the victim, and the defendant's basic living security for the disabled of the fifth degree with a delay disability, which is hard to economic circumstances, are favorable to the defendant.

In full view of such circumstances and other circumstances as the conditions for sentencing as shown in the record and arguments, the sentence shall be determined as ordered in consideration of the amount of the fine imposed by this court and by each court of the whole country in a similar case.

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