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(영문) 서울중앙지방법원 2020.10.08 2020고단3900

특수폭행등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is between the victim B (ma, 62 years of age) and the victim B.

1. A special assault Defendant: (a) around 02:50 on December 18, 2019, around the street singing point in Jongno-gu Seoul, Jongno-gu, Seoul, “D”, and (b) on the ground that a vehicle driven by the victim gets off his/her front to prevent him/her from blocking his/her front, the Defendant exceeded his/her upper part, she saw him/herself as being dead by gathering one galleb (im equivalent to 1m in length) on the ground that the vehicle driven by the victim was in front of his/her front, and led him/her to several times.

Accordingly, the defendant carried a tree boom, which is a dangerous object, and assaults the victim.

2. A public performance and obscenity Defendant opened a brupter at the date, time, and place specified in paragraph 1, and publicly obscenity committed an act of openly obscenity by using the following brushing a sexual organ, seeing the wife of the victim and the victim, and the female employees in the surrounding drinking house, and an unspecified number of, an unspecified person.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation into the police statement concerning B (related to the ascertainment of the condition of the dynamic image data and clothes taken by the victim, and the statement of witness);

1. Application of statutes on site photographs;

1. Relevant Articles 261 and 260 (1) of the Criminal Act (the point of special violence), Article 245 of the Criminal Act (the point of public performance and obscenity) and the selection of fines for each crime;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant assaulted the victim by booming a tree boom, and publicly obscenity was committed on the street before the singing shop where many people frequent, and that the witness indicates a strong displeasure.

However, the defendant is in the same kind.