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(영문) 서울북부지방법원 2016.09.23 2016고정771

폭행

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 16, 2015, the Defendant was sentenced to a suspended sentence of two years and a fine of 100,000 won on October 10, 201, by obstructing the performance of official duties in Seoul Northern District Court, and the judgment becomes final and conclusive on April 15, 2016.

On August 17, 2015, the Defendant spited the face of the victim on the ground that the victim C, who driven a vehicle, spits it in front of the Central church located in the limit of 220 in the Samyang-gu Seoul, Gangnam-gu, Seoul, 2015, and assaulted the victim by spiting it in front of the Central church.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police against C;

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

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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;