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(영문) 서울동부지방법원 2017.03.24 2017고정252

폭행등

Text

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

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

Reasons

Punishment of the crime

1. Around November 13, 2016, the Defendant assaulted the victim by spiting the victim’s face, who was seated in the driver’s seat of the vehicle, on the ground that the victim C (the 34 years of age) was driven in front of Gangdong-gu Seoul, Gangdong-gu, Seoul, on the ground that the victim C (the 34 years of age) was driven due to bad weather.

2. A special intimidation: (a) around 12:30 on November 13, 2016, the Defendant: (b) in the front of Gangdong-gu D, the victim spits spit the victim’s bed on the street, such as the statement in paragraph (1) on the part of Gangdong-gu D, the victim spit the victim’s bed with the phrase “spit spit spit spit spit spit spit spit sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sp

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (the details notified as a result of appraisal);

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, and the selection of fines for the crime;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;