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(영문) 서울남부지방법원 2019.06.20 2019고단1228

특수폭행등

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On October 11, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of assault, etc. at Seoul Southern District Court, and the said judgment became final and conclusive on October 19, 2018, and is still under suspension of execution.

1. Around 17:40 on January 20, 2019, the Defendant: (a) committed a assault by carrying a dangerous object, such as gathering a person who was in danger of being seated by the Defendant while taking care of the victim D (the age of 64) who was aware of his/her reputation, on the ground that the victim D (the age of 64) did not take personnel management of the Defendant; and (b) he/she did not take care of the Defendant; and (c) b) b) b) b) c) c) c) c) c) c) c) c) c)

2. On January 20, 2019, the Defendant damaged the said car at around 17:41, 2019, the Defendant: (a) in order for the said victim D and E to leave the scene to avoid the trial cost with the Defendant; (b) obstructed the front of the said car; (c) cut off the front of the said car; and (d) cut off the front part of the driver’s and the driver’s seat door, etc. in front of the said car; and (d) lowered the repair cost to the extent of KRW 70,000,000 for repair cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Photographss of blackboxes, video CDs, and CCTV caps;

1. A investigation report (a photographic of the victim of the DNA) and written estimate;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (formers and verifications);

1. Articles 261, 260, and 366 of the Criminal Act applicable to the crime;

1. Selection of each alternative fine for punishment;

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. It is identical to the disposition of the provisional payment order, taking into account the following factors: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the degree of special assault and damage to property; (c) smooth agreement; (d) the period of suspended sentence of imprisonment for the same kind of crime; and (e) the recidivism during the period of