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(영문) 대구지방법원 의성지원 2019.01.10 2018고정64
폭행등
Text

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

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

Reasons

Punishment of the crime

1. Defluence;

A. On September 7, 2018, the Defendant listened to the victim C in the same room that “I see why I am without cleaning” from the victim C in the same room, and expressed the victim’s desire to “I am sing away” to “I am sing away” to the victim while I am in the same room.

B. At around 13:00 on the same day, the Defendant: (a) expressed the victim’s desire to “Ye and Chewing fark” to the victim in the same place; and (b) openly insulting the victim at the same time when shower with the victim; (c) expressed the victim’s desire to “Ye and Chewing fark.”

2. On September 7, 2018, the Defendant: (a) at the same place on the same date on September 15:05, 2018; (b) was thought to have taken a claim from the victim C (50 years of age); (c) was assaulted by the victim’s face on the right hand at the victim’s bath, namely, “Chewing sark.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement of C or D;

1. Written statements in C and D;

1. Application of working reports, investigation reports (such as violence victim photographs, etc.) and statutes;

1. Relevant Article 260(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of fines for the crime; Article 260(1) of the Criminal Act, the choice of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, etc., under the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case

The favorable circumstances: The defendant recognizes his mistake, repents, and the damage is minor.

Unfavorable circumstances: The defendant has been punished nine times (one time of imprisonment and eight times of fine) for violent crimes, and in particular, during the period of imprisonment.

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