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(영문) 광주지방법원 장흥지원 2017.09.07 2017고단107
폭행
Text

The defendant shall be punished by a fine of three million won as one day if the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On November 28, 2016, the Defendant: (a) committed assault against the victim at the “D” restaurant located in the Southern Heung-gun, Seoul, on November 28, 2016; (b) in which the victim E did not pay the construction cost; (c) in drinking, the victim’s head was cut back; and (d) in his/her hand, he/she did so.

2. On November 28, 2016, the Defendant: (a) committed assault against the victims in modern loan parking lots adjacent to the 4th century, in which, around November 28, 2016, the victim F and the victim E did not know the cost of construction; (b) in his hand, he sleeped the victim F’s breath; and (c) in his hand breath by debling the breath of the victim E., and breathing it.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and E;

1. Application of Acts and subordinate statutes to report internal death (Attachment of photographs damaged by violence);

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

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes provided for in the judgment of the court below) (an aggravated punishment for concurrent crimes as provided for in the judgment of the court below);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In full view of the elements of sentencing under Article 334(1) of the Criminal Procedure Act as well as the elements of sentencing under the grounds for sentencing, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, circumstances before and after the crime, and circumstances before and after the crime, the punishment is determined as ordered.

The elements of favorable sentencing: The defendant's mistake is recognized and reflected, the degree of assault is not much severe, and there are circumstances that can be taken into account the motive for crime (payment of the work price): The fact that violence has been committed 10 times.

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