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(영문) 서울남부지방법원 2016.12.20 2016고단4631
폭행
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Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On May 22, 2015, the Defendant was sentenced to seven months of imprisonment with prison labor and two months at the Seoul Northern District Court for the crime of injury, etc., and on July 14, 2015, the Defendant completed the execution of the sentence at Seongdong-gu District Court.

【Criminal Facts】

At around 01:00 on July 19, 2016, the Defendant assaulted E on the ground that the Defendant’s assaulted other employees of the above beerhouse on the ground that the Defendant’s assaulted E, which is the cause of the beer’s occupation, and the victim F (the age of 48) who was contacted with E, resisted the victim’s entrance alcohol once a week on the ground that the victim F. (the age of 48) who was under contact therewith resisted against it, and assaulted the victim by walking the beer’s entrance alcohol once a week.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Previous records of judgment: Application of inquiry reports and investigation reports (verification of the past records of the same kind of crime and the end of the execution of punishment), including criminal records;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) 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 is that the defendant was punished for the same crime, and that the defendant committed the crime of this case within the repeated crime period is disadvantageous.

However, the defendant, as a person with a disability of grade 3, has led to the crime of this case.

During the dispute with the victim, the victim has assaulted by contingently the victim.

For the victim, 1.5 million won was deposited.

It was originally agreed with the Maerman E.

The defendant shall be sentenced to a fine in consideration of such circumstances.

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