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(영문) 서울중앙지방법원 2013.11.22 2013고정5413

폭행등

Text

A defendant shall be punished by a fine of 600,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around 16:00 on August 8, 2013, the Defendant assaulted the victim’s face, i.e., the victim B (52 years of age) who is a scambling service, on the door, in order to pass the “ra-emergency store” within the 1st floor of the 1st floor underground in the Dobong-dong, Seocheon-gu, Seoul Special Metropolitan City, in a state that the Defendant lacks the ability to discern things or make decisions due to mental or physical disorder. On the other hand, around August 8, 2013, the Defendant used the phrase that the victim B (52 years of age) who is a scambling service should collect the disabled identification at the home, and affixed the victim’s face at the home.

The Defendant, at around 11:25 August 1, 2013, suffered an injury in the number of treatment days, such as 3 in the subway station in Seoul Jung-gu Garo 3, a subway station 70-1 subway 2, and the victim C (year 91) is sliffed, regardless of the fact that the victim C (year 91) turns out, due to a tree dust, in the state that he/she lacks the ability to discern things or make decisions due to mental or physical disorder.

Summary of Evidence

"2013, 5413"

1. Defendant's legal statement;

1. Statement prepared by B;

1. Reference to a report on investigation (with respect to the extraction ofCCTV) 2013 Highis 5414;

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Application of Acts and subordinate statutes on images of photographs;

1. Relevant Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act, the selection of each fine for the crime;

1. Article 10 (2) and (1), and Article 55 (1) 6 of the Criminal Act that is legally mitigated;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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