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(영문) 부산지방법원 2017.11.15 2017고정840

폭행등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On December 3, 2016, around 16:58, the Defendant: (a) obstructed 70 Dongdong elementary school playgrounds No. 284, the victim C, and three other persons in the field of assault, and (b) embling the victim’s left shoulder one time in drinking, and (c) committed assault that threatens the victim’s back-hand shoulder one time and drinking.

2. On December 3, 2016, the Defendant, on the ground that: (a) around 17:10 on December 3, 2016, the place prescribed in paragraph (1); (b) the Busan Police Station D District E guard of the Busan Police Station in relation to paragraph (1); and (c) the head of the police station F, in relation to paragraph (1), should not interfere with students’ public play within the playground; and (b) the Defendant, among the circumstances in which many people, such as the victim, etc. are considered to have interfered with the students’ public play in the playground, he/she would throw away this dog, sludge, ice

In spite of the fact that “the verbal abuse was committed several times,” it was openly insulting, such as continuing to engage in verbal abuse.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and G;

1. Statement made by the police for E;

1. Police investigation report (limited to attachment of ctv at the scene of violence);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 311 of the Criminal Act (the point of insult), 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;