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(영문) 대전지방법원 2015.03.18 2014고정1850

폭행

Text

1. The Defendants shall be punished by a fine of KRW 300,000.

2. The Defendants did not pay the above fine.

Reasons

Punishment of the crime

1. On August 31, 2014, Defendant A: (a) around 13:30 on August 31, 2014, around the front door of the building E in Daejeon Seo-gu, Daejeon, Defendant F (26 years of age) destroyed the goods of the Defendant’s seat, and (b) committed assault against the victim by duplicating f’s bat around several times.

2. Defendant B, with the date, time, place, and hand as indicated in paragraph (1), committed assault against the victim by putting down the part of the victim F (years 26)’s scam, and scaming down several times.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. The CD;

1. F damaged photographs;

1. Application of Acts and subordinate statutes to photograph videos;

1. The Defendants: Article 260 (1) of the Criminal Act concerning the applicable criminal facts and the choice of punishment;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. Defendants of the provisional payment order: Defendants and defense counsel’s assertion on the assertion of the Defendants and defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the illegality is excluded as they constitute the arrest of flagrant offenders merely because F was up to the time when they destroyed and damaged Defendant B’s goods and attached thereto by the police.

However, according to the above evidence, Defendant A did not merely carry F, but did so with the intent of assault, and appeared to have caused the scam in F's items by scaming bats with the intent of assault. Defendant B also expressed that “I must do so, I am knick, I am knick, I am knick, I am knick, I am knick, I am am knick, I am am knick, and used F's scam with intention exceeding the necessary scope for the arrest of flagrant offenders.

Therefore, we cannot accept the Defendants’ and their defense counsel’s assertion.

The reason for sentencing [the scope of punishment to be imposed] An unfavorable condition of a fine not exceeding five million won [the decision of sentence]: Defendant A has the same criminal experience, and the circumstances favorable to the point that Defendant A can have a criminal experience: F takes a bath and unreasonably restrain Defendant B’s street points.