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(영문) 서울서부지방법원 2016.09.23 2016고단1947

특수폭행

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

At around 15:30 on June 15, 2016, the Defendant: (a) in the Chinese book of “D” located in Mapo-gu Seoul, Mapo-gu, Seoul; (b) previously, on the ground that the victim E, the head of the said Chinese house, sought a person; and (c) had been under the influence of breabbly sought a dispute with the victim, and then, he saw the victim as her hand, then she first dumpeded the victim’s hand, she dumpeded the bom, and dumpeded the victim’s hand, and she dumpeded the victim’s hand, and dumpeded the victim’s back to the restaurant.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police interrogation protocol concerning E;

1. Article 261 of the relevant Act and Articles 260(1) of the Criminal Act regarding criminal facts, the choice of fines [it is not good for the same kind of crime during the repeated crime period, but can be considered to lead to the crime unilaterally dismissed, both of them are assaults, damage is relatively minor, and the victim seems not to have want to be punished of the defendant, although the agreement was not submitted, the defendant agreed with the victim.

The prosecutor also stated that the "Trial Card" was agreed with the victim on the trial date.

Ascertainment of these circumstances

1. Determination of a fine by taking into account, etc.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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