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(영문) 울산지방법원 2021.01.08 2020고단4239
폭행
Text

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

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

Reasons

Punishment of the crime

On August 29, 2020, the Defendant reported on the ground that he was able to take aboard a cab located in the victim B (the other, 63 years old) located in Ulsan-gu, Ulsan-gu, Ulsan-gu, 217, and Samsan-do, and that he was able to pay a fee even after having arrived at the destination, and that he was able to do so. The Defendant assaulted the victim, such as making a bating bat of the bat of the bats of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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 sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is based on the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances revealed in the pleadings of the instant case; and (b) the sentence is determined as ordered in light of the following circumstances.

D. Unfavorable circumstances: The Defendant’s motive and motive of the instant crime; the content and method of the instant crime; the Defendant was under the influence of alcohol, and there is a high possibility of criticism in that he/she repeats the instant crime in the same kind of crime, even though he/she had been punished several times, including the suspended sentence, due to the same kind of crime and the destruction of property; the risk of repeating the crime appears to be diverse; the Defendant’s perception of his/her criminal act; the degree of the exercise of force and the degree of damage to the victim in the instant crime does not seem to be significant; the Defendant did not have a strong history; the Defendant was sentenced to suspended sentence for a violation of the Punishment of Violences, etc. Act in 2013; the Defendant did not have been punished for the same kind of crime before the instant crime was committed; and the Defendant had a family member to support the Defendant.

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