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(영문) 서울중앙지방법원 2021.01.21 2020고단6373
폭행
Text

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

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

Reasons

Punishment of the crime

On May 12, 2020, at around 21:10, the Defendant: (a) committed assault against the victim S that she was driving Orato ( South, 19 years old) without wearing a fitness, while getting on and off a bicycle on the 4-lane 168-lane in front of the 168-lane in Seoul Metropolitan Government, the Defendant: (b) stated, “I am flab, w flab,” and that “I am flab, flab, flab, flab, flab, flab, flab, flab, flab,” on the part of the Defendant, the victim she was flad against the victim by the Defendant.

Summary of Evidence

1. The legal statement of the defendant, each written statement of the defendant, each of the police interrogation protocol against S, and each written statement of S;

1. Application of Acts and subordinate statutes to each investigation report and accompanying materials (the list, etc. of reported cases)

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The Defendant was sentenced to imprisonment with prison labor for a crime committed during a repeated crime period on August 24, 2017 due to a violation of the Punishment of Violences, etc. Act (joint injury) in the senior branch of the District Court of the Jung-gu District Court on March 24, 2017, and completed the execution of the sentence in the Jung-gu prison on January 23, 2018.

Defendant

The attitude of acceptance is bad, favorable circumstances: The attitude of recognizing a crime is shown, and there is another case pending in the trial (Seoul Central District Court 2020No. 2801, etc.). Thus, the equity between the case and the case subject to punishment should not be considered.

In these circumstances, the sentence was determined as ordered in consideration of various sentencing conditions, including the Defendant’s age, sex, background leading to the commission of the crime, and progress after the crime.

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