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(영문) 제주지방법원 2016.04.07 2015고정1058
폭행
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant and the victim B(53) were investigated in Jeju-si, Jeju-si, Jeju-dong, 51.

On August 25, 2015, around 07:45, at the same place, the injured person opened a toilet door and urine in which the injured person dies, and the injured person responded to this, and when the injured person calls for it, the accused assaulted the injured person at one time by using the damaged person's boomed boom with the damaged person's hand floor, and by using a boomed boom for prison(s).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order recognized the crime of this case, his mistake is divided, and the fact that the defendant has no record of punishment for the same kind of crime is favorable to the defendant.

However, the crime of this case where the defendant assaults a prisoner who uses the same confinement room without being aware of the nature of the crime is extremely poor, and the victim wants to punish the defendant, and considering the defendant's age, sexual conduct, environment, means and result of the crime, circumstances after the crime, and other various sentencing conditions specified in the argument of this case, the amount of fine specified in the summary order is not acknowledged to be excessive, and there are no changes in circumstances that can be considered in sentencing after the summary order, and thus, the amount of fine specified in the summary order is to be maintained. It is so decided as per Disposition by the court below.

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