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(영문) 서울중앙지방법원 2017.05.18 2017고정898

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 15:00 on June 30, 2016, the Defendant assaulted the victim by hand on the ground that the victim was unable to hear his/her horses while drinking alcohol, such as the victim D (19 years of age), in the “C” entertainment week B3 entertainment room located in Gangnam-gu Seoul Metropolitan Government, on the ground that he/she did not hear his/her horses.

2. Special intimidation: (a) at the time, at the place, paragraph 1; (b) the Defendant collected 3-4 beer bottles, which are dangerous articles with the victim’s table, for the foregoing reasons; and (c) shouldered the victim into the wall to the victim; and (d) the Defendant discarded the string of the string, if he knows the horse.

“In the end, the victim threatened.”

3. The Defendant damaged 3. At the time and place of Paragraph 1, the Defendant: (a) destroyed 1 unit of 5 U.S. TV at the market price, the victim owned by the victim E, by gathering a large amount of scam scams on television; (b) scambling scams on television; and (c)

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Prosecution investigation reports;

1. Application of Acts and subordinate statutes to photographs of victims and damaged objects;

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, Article 366 of the Criminal Act, and the selection of fines for negligence concerning the crime;

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

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

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