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(영문) 수원지방법원 성남지원 2019.08.20 2019고단1220
폭행
Text

Defendant

A shall be punished by a fine of 2,00,000 won, and by imprisonment of 6 months, respectively.

Defendant

A The above fine shall be imposed.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. On March 18, 2019, around 22:50 on March 18, 2019, Defendant A assaulted the victim by taking one time by hand the victim’s face face face while drinking alcohol at the front parking lot of “Dju” in Gwangju City.

2. Defendant B was assaulted by the victim A (year 32) at the date, time, and place mentioned in paragraph (1), and as seen above, the victim’s face face was taken twice as drinking, and the victim was inside the right side, the lower part, and the inner wall.

Summary of Evidence

1. Defendants’ legal statement

1. Each police interrogation protocol against the Defendants

1. Application of Acts and subordinate statutes of a damaged part photograph, on-site photograph, and a death diagnosis report;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 260(1) of the Criminal Act (Selection of Fine);

B. Defendant B: Article 257(1) of the Criminal Act

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Defendant B of the community service order: Article 62-2 of the Criminal Act;

1. Defendant A of the provisional payment order: The scope of the sentencing period of Article 334(1) of the Criminal Procedure Act (the statutory sentencing period of Defendant B): the scope of recommendation [decision of type] according to the sentencing guidelines of one month or seven years from the imprisonment [Article 1] general injury [where the victim has considerable responsibility for the occurrence of a crime or the expansion of damage] general injury [Article 1] mitigation element: In the case where the victim has considerable responsibility for the occurrence of a crime or the expansion of damage: serious injury [the scope of recommendation and recommendation] basic area; the term of imprisonment from April to one year [the general person] mitigation element; the term of imprisonment [the reason for suspension of execution] mitigation element; there is no criminal record [the reason for suspension of execution] major pride element; the victim has considerable responsibility for the occurrence of a crime or the expansion of damage from criminal punishment; the main illegal cause that has no record of criminal punishment; the injury is serious.

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