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(영문) 대전지방법원 공주지원 2020.05.01 2019고단382
폭행등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, together with the victim B (year of age 26), is a prisoner confined in an official prison located in an official prison with a long-term of 21-45 in an official city.

1. Around August 10, 2019, the Defendant insultingd the victim openly insulting the victim by stating that “ice fright is the same bitch fright fright, fright face, frighth fright, frighth frighth fright, frighth frighth, e.g., f., f., f., f., f., f., at the ward of the said official prison.”

2. Around 12:00 on August 11, 2019, the Defendant assaulted the victim’s right side at one time on the ground that the victim was in the ward C of the pertinent official prison, and that the victim did not immediately look at television and did not immediately see the television.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of B Acts and subordinate statutes on the complaint;

1. Relevant Article 260 (1) and Article 311 of the Criminal Act, the choice of a fine for the crime, the choice of a corresponding Article of the Criminal Act, and the choice of a fine for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

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 7 million won; and

2. Determination of sentence: Determination of sentence of a fine not exceeding 4 million won, taking into comprehensive account all the factors of sentencing as shown in the records and trial process of this case, including the following circumstances and the defendant's age, character and conduct, intelligence and environment, family relationship, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered.

D. Unfavorable circumstances: The fact that even though there are many kinds of records of punishment for violent crimes committed in prison re-committee, repeatedly commits violent crimes, the favorable circumstances that are favorable to the fact that the victim did not receive a letter from the victim: the fact that the degree of the assault is relatively insignificant.

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