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(영문) 춘천지방법원 2018.07.19 2018고단292
폭행등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

1. On December 29, 2017, the Defendant: (a) expressed a bath to the victim E (3) without any particular reason within the main point of C-1 floor No. 75 of C-30, Ycheon-si, Chuncheon-si, C-1 floor No. 75; and (b) assaulted the victim E (48 years old); (c) with his left hand, by snicking the victim’s candles.

2. The Defendant who damaged property at the same time and at the same place as the preceding paragraph, destroyed the evidence so as to cover approximately KRW 400,000 of the repairing cost by setting up the neck on the floor by setting up the neck owned by the said victim, cutting off the neck on the floor, cutting off the neck, and putting the neck on the inside.

1. Partial statement of the defendant;

1. Legal statements from witnesses E and F;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to the victim E’s report on dispatch at the scene of violent incidents (including additional photographs) and the safe receipt (the Defendant asserts that there is no trace of flabing the victim’s flabation, but the victim E’s statement to the effect that the Defendant was flabing from the Defendant to this court was consistent and specific, and the accompanying pictures of the report on dispatch at the scene of violent incidents appear on the part of the victim’s flab, and the above assertion cannot be accepted in light of the following:

1. Article 260 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The fact that the degree of violence committed by the victim during the sentencing of Article 334(1) of the Criminal Procedure Act is relatively minor is favorable to the defendant.

However, even though the Defendant had been punished by a fine or imprisonment with prison labor for more than ten times due to violence, the fact that the instant crime was committed, and that the victim’s damage caused by the damage of property appears not to have been recovered, etc. are disadvantageous to the Defendant.

otherwise, the age of the defendant;

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