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(영문) 서울서부지방법원 2018.04.20 2018고단510

폭행등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On February 2, 2018, the Defendant, at around 14:10 on Eunpyeong-gu, and at “C” restaurant, the Defendant, without any particular reason, assaulted the victim D (the victim’s 51 years of age), who is a customer, to take a trial fee, on the part of the victim’s bridge 3 to 4 occasions, and assaulted the victim by drinking twice the victim’s neck.

2. On February 2, 2018, the Defendant interfered with the performance of official duties at the restaurant specified in paragraph 1, around 14:18, and at the 112 restaurant, the Seoul, which was called out after receiving a report that the customer f was frighting to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and F;

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines for the crime;

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 to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Unfavorable circumstances: The fact that violence is exercised against others, the uniform is worn out, the nature of the crime of this case is not good, and the victim does not receive any letter from the victims, without any special reason;

1. favorable circumstances: The sentence shall be determined as ordered in consideration of all the kinds of sentencing conditions provided for in Article 51 of the Criminal Act, such as the defendant's age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., after being punished for a suspended sentence for the same crime in 1988, and there is no record of being punished for the same crime, the result of serious injury by the defendant's exercise of violence, the confession of the crime and reflectness, and other factors after the crime;