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(영문) 울산지방법원 2019.05.23 2019고단170
폭행
Text

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

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

Reasons

Punishment of the crime

On December 10, 2018, at around 02:30, the Defendant assaulted the victim’s knife part of the victim’s b, on the ground that the victim D (the age of 49) was not repaid with gambling money from past loans in front of the way in Ulsan-gu B, Ulsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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 that recognizes and reflects the facts charged, the degree of violence is relatively not much severe, and the fact that it is a contingent crime due to a monetary problem is favorable to the defendant.

On the other hand, the fact that the criminal was committed in the same criminal records, and that the wife of the victim and the offender are committed in the same place is disadvantageous to the defendant.

In addition, the punishment shall be determined as ordered in consideration of various sentencing factors, such as the defendant's age, character and conduct, environment, and motive for crime.

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