beta
red_flag_2(영문) 서울중앙지방법원 2019. 9. 26. 선고 2019고정1468 판결

[폭행·모욕][미간행]

Escopics

Defendant

Prosecutor

Newly Inserted by Presidential Decree No. 1010, Mar. 1, 201>

Text

Defendant shall be punished by a fine of three million won.

When the defendant fails to pay the above fine, the defendant shall be confined in the workhouse for a period calculated by converting the amount of KRW 100,000 into one day.

Criminal facts

The defendant is a person who engages in daily labor.

1. Violence;

On September 28, 2018, at around 18:30 on September 28, 2018, the Defendant committed assault against the victim, such as: (a) when the Defendant was passing ahead of the oriental medical hospital located in (location omitted); (b) on the ground that the vehicle used by Nonindicted 3 (Age 46) driving of the victim was proceeding in the future of the Defendant; and (c) on the ground that the victim was in a mutual vision with the victim; (d) the victim was boomed with the victim by hand; and (e) the b

2. Definating;

At around 20:20 on September 28, 2018, the Defendant: (a) arrested a police officer who was on the spot and was waiting for a criminal offense with the Seoul Seocho Police Station on the ground that Nonindicted 4, who was a police officer, was under the control of Nonindicted 4, the Defendant: (b) made a public insult of the victim, who was under the control of Nonindicted 5, etc., on the ground that he was arrested as a flagrant offender on the ground of the foregoing reasons; and (c) led to Nonindicted 5, etc., who was under the control of Nonindicted 5, etc. to be polleded

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of victims;

Application of Statutes

1. Article applicable to criminal facts;

Articles 260(1) and 311 of the Criminal Act

1. Selection of punishment;

The amount of fine under the summary order is reasonable considering the fact that each fine is imposed (the same type of repeated crime and the fact that there are many same kinds of power).

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judges Hong-chan