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(영문) 창원지방법원 마산지원 2020.03.31 2019고단549
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

At around 22:50 on May 15, 2019, the Defendant, without any particular reason, assaulted the victim D (years 41) who carried on drinking on other tables, saying, “Ilna” and assaulted twice the victim’s left face face.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to D;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 5 million won;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. The Defendant assaulted the first person on the ground that the victim appears to have been the victim.

The damage was not recovered, and the victim was not able to receive a letter from the victim.

The defendant has been punished several times due to violence, and in particular, even though he was sentenced to a suspended sentence of imprisonment for the crime of assault in 2016, he is not able to criticize the crime of this case without any particular reason after the expiration of the suspended sentence period.

However, the degree of violence is relatively weak.

It seems that the victim did not have any injury even if he did so.

No sentence shall be imposed on the accused.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.

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