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(영문) 서울동부지방법원 2017.08.18 2017고단1918
폭행
Text

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

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

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court on June 10, 2016 and two years of suspended execution on August 4, 2016, which became final and conclusive on August 4, 2016, and is currently under suspended execution.

[2] On May 31, 2017, at around 07:30, the Defendant assaulted the Victim B (the victim’s chest) on two occasions by drinking the victim’s chest, and on the hand, on the face of the victim’s face, at around 3 times in front of the exit of 97, 97, under the Gangdong-gu Seoul Metropolitan Governmentcheon-gu, Gangdong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Photographs of the victim;

1. Previous convictions: References to criminal history, replys to criminal history, and application of Acts and subordinate statutes on investigation reports;

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. In light of the fact that the Defendant had a majority of the criminal records of the same kind of crime, the Defendant again committed the instant crime without being aware of, and did not reach an agreement with the victim, the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order requires a strict punishment for the Defendant.

However, the degree of violence is not severe, the defendant recognizes and seriously reflects the crime of this case, and efforts have been made to recover damage and to reach an agreement, and other conditions of sentencing specified in the trial process of this case, such as the defendant's age, sexual conduct, motive and means of the crime, and circumstances after the crime, etc., shall be determined as ordered by the sentence.

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