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(영문) 서울북부지방법원 2018.10.12 2018고정1131

폭행

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant, around April 19, 2018, at around 18:30 on the same day as Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, 1414 Nowon-gu, where he was making a campaign speech on a political party’s publicity in front of the department store set.

C Whether the victim D or E, who is a party member, is referred to as "F so erroneous,"

Before carrying out a bath by stating “the time limit”, the time limit was observed.

Accordingly, the victim D assaulted the Defendant, such as the defect of “the head of the match”, and the Defendant: (a) sealed the victim’s chest and walking the victim’s chest.

2. The Defendant tried to photograph a political party’s campaign speech at a time and place, such as Paragraph 1, and assaulted the victim’s body in hand, such as shacking the victim’s body in hand and hacking, on the ground that the victim E was prevented from photographing.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement made to D or E;

1. The 112 Report Processing table [the defendant and his defense counsel asserted to the effect that the defendant was physically and mentally weak due to his injury at the time of the crime in this case, but in light of various circumstances, such as the background, contents, and the defendant's behavior before and after the crime in this case, it cannot be seen that the defendant lacks the ability to discern things or make decisions due to his failure at the time of the crime in this case. Thus, the above assertion cannot be accepted.]

Application of Statutes

1. Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act concerning the crime, the selection of fines;

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

1. Article 70 (1) and Article 69 (2) of the Criminal Act concerning confinement in a workhouse (when a suspended sentence is invalidated or revoked);

1. Article 62 (1) of the Criminal Act on the stay of execution (with regard to the fact that a mistake is recognized and reflected, the fact that he suffers from early illness at Grade III, and all circumstances, such as the age, sex, environment, etc. of the defendant);