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(영문) 대전지방법원 서산지원 2017.10.27 2017고단740
폭행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On August 4, 2017, the Defendant assaulted the victim at five times on the floor of hand, on the ground that the victim D(25 years old) told that “I am for the use of I am for I am for I am for I am for I am for I am.”

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that he was in a state of mental or physical weakness or mental loss under the influence of alcohol at the time of committing the instant crime. Thus, according to the records, the Defendant was aware of drinking at the time of committing the instant crime, but in full view of the circumstances such as the background and result of the instant case, the Defendant’s behavior before and after committing the crime, it cannot be deemed that the Defendant did not have or lacks the ability to discern things or make decisions, and thus, the above assertion is rejected.

Although the nature of the crime is not good due to the use of violence under the influence of alcohol during the period of suspended execution due to the crime of violating the Traffic Act on the ground of sentencing, it appears to be a contingent crime under the influence of alcohol, and reflects the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined by taking into account all the factors of the punishment specified in the arguments of this case, such as the defendant's age, sex, environment, motive, means

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