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(영문) 서울동부지방법원 2017.12.19 2017고단3477

폭행등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 00:30 on August 18, 2017, the Defendant assaulted the victim, etc. on one occasion, on the ground that the victim D (L, 19 years of age) prevents the restaurant entrance at “C” located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, and that the victim D (L, 19 years of age) prevents the restaurant entrance.

2. While people who pass ahead of a restaurant at the time, time, at the place specified in paragraph 1, the Defendant expressed to the victim D that “I am more than a bit year of bitch, bitch, bitch, bitch, d.” The victim E, who is the victim D, restrains the Defendant, the victim E, “I am more than a bit year of bitch, bitch, bitch, bitch, bitch, bitch, bitch.” The victim E, who is the victim D, prevents the Defendant, shall be discarded to the victim E.

From the perspective of the report, the victims were openly insulting by referring to “D.”.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to investigation reports (person F and telephone conversations);

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act, Article 311 of the Criminal Act, and the selection of each fine for a 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. The sentencing conditions indicated in the public trial of this case include: (a) a multiple number of records of criminal punishment against the defendant for the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act; and (b) the victims desire to punish the defendant for the same kind of crime; and (c) the punishment shall be determined as ordered in consideration of the sentencing conditions indicated in the public trial of this case.