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(영문) 서울중앙지방법원 2013.10.25 2013고단4369
폭행
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 9, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Seoul Central District Court on October 10 and was sentenced to a suspended sentence of two years on July 2, 2013, and the said judgment became final and conclusive.

On May 3, 2013, at around 02:20, the Defendant assaulted the victim’s left head at one time on the ground that the victim’s G (n.e., 22 years of age) avoided tobacco in front of the victim’s G (n.e., 22 years of age) and acted without brucing, at the Fnoman special room located on the second floor in Gangnam-gu Seoul, Seoul, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning G;

1. Previous convictions in judgment: Investigation reports (reports on confirmation of the date when the judgment of a suspect becomes final and conclusive), previous disposition, and reporting results, applying Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. The scope of punishment: A fine not exceeding five million won;

2. The sentencing criteria: The sentencing criteria are not applicable (the latter concurrent crimes and fines under Article 37 of the Criminal Act).

3. Determination of sentence: The reason for a fine of one million won: the defendant has been punished several times for violence-related crimes; however, in the case of the crime of this case, the degree of assault is less and more contingent crimes between him and the crime of violation of the Punishment of Violences, etc. Act (joint conflict) for which the first head judgment of the judgment of this case has already become final and conclusive, taking into account equity with the case of concurrent crimes under the latter part of Article 37 of the Criminal Act (if two crimes are concurrent crimes at the same time, it seems that the above crimes did not have any particular influence on the sentencing of the final judgment at the same time), and the fact that the error is against depth, etc. shall be punished by a fine.

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