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(영문) 의정부지방법원 고양지원 2012.11.29 2012고정1370
폭행등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 10, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Seoul Western District Court, and the said judgment became final and conclusive on March 16, 2012.

1. On September 8, 2011, the Defendant assaulted the victim’s face at five times due to his/her left drinking, and his/her jum or her blue part of his/her blue blue on several occasions, on the ground that the victim D (17 years of age) who is an employee of the gas station who has left the Defendant’s vehicle at the Kanyang-gu Kandong-gu Candong-gu Candong-gu, Yangyang-gu.

2. The Defendant: (a) caused damage to property, as mentioned above, at the same time and at a place as mentioned in paragraph (1) above, that was, the victim’s cell phone owned by the victim, was destroyed by damage to property by destroying the victim’s cell phone x-ray with an amount equivalent to KRW 890,00,00, i.e., the victim’s market value.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Damage photographs;

1. Previous convictions in judgment: Application of the defendant's legal statement and confinement certificate Acts and subordinate statutes;

1. Article 260 (1) and Article 366 of the Criminal Act and the choice of fines for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that it is inevitable for the defendant to repeatedly punish the same crime even though he had multiple criminal records of the same kind, and does not make any effort to agree with or compensate for damage to the victim. The amount of the fine is determined as above by taking into account the following factors: equity in the case where the defendant has received the judgment at the same time as the judgment of larceny in the relationship between the crime of this case and the crime of this case, and other various conditions of sentencing including the circumstances after the crime, the defendant's age, character and conduct, family environment

more.

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