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(영문) 대구지방법원 2018.08.17 2018고단2062
폭행
Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 19, 2018, the Defendant: (a) around 09:50 on April 19, 2018 to the victim C (60 years old) who was working for a taxi in front of the taxi platform located in the 44-ro Masan-ro of Busan, without any reason; and (b) under the influence of alcohol, the Defendant “assumed, Mani, Maz.”

"At the time of taking a bath, etc., the victim abused the victim by getting the victim's hand and driving the part of the ship twice."

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Act and subordinate statutes to the investigation report (as to the attachment of a photograph of a black stuff image)

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention in the workhouse is to punish the defendant as a fine in consideration of the following: (a) although the defendant under the influence of alcohol during the period of suspension of execution for the same kind of crime, the defendant seems to require mental treatment rather than punishment through detention due to intellectual disability, the defendant is subject to punishment as a fine, considering the fact that the defendant seems to require mental treatment than punishment through detention.

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