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(영문) 서울북부지방법원 2019.10.18 2019고단2017

폭행

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

On June 14, 2019, the Defendant was sentenced to four months of imprisonment with labor at the Seoul Northern District Court for the crime of interference with business, and the judgment became final and conclusive on June 22, 2019.

On April 7, 2019, at around 06:50 on April 7, 2019, the Defendant met the alcohol on the front side of the “Monthly Security Center” located in the boundary of Nowon-gu, Seoul Special Metropolitan City, and used the victim’s back water from the victim B (the police officer aged 49) who was dispatched to the taxi after receiving a report from the taxi driver, who was a police officer called up to the taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. A report on investigation (verification of CCTVs) and a photograph of CCTV images taken;

1. Investigation report (to telephone conversations for reference C);

1. Previous records of judgment: Criminal history records, investigation reports (related to repeated crimes), investigation reports (related to repeated crimes), copies of each judgment, inquiry into cases, current status of acceptance by individuals, and application of Acts and subordinate statutes significantly to this court;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. A normal condition favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: A normal condition unfavorable to the defendant's confession, the defendant's attitude appears to be against himself, the degree of damage is relatively minor, the defendant committed the crime of this case contingently under the influence of alcohol, and the equality with the case where punishment has been imposed simultaneously with the final judgment in the judgment: A large number of concurrent punishment records, the defendant committed the crime of this case during the repeated crime period, and the defendant's character, conduct, environment, family relationship, etc. shall be determined as described in the order by taking into account the following circumstances.