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(영문) 서울남부지방법원 2020.10.15 2019고정367

폭행등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 16:00 on September 18, 2018, the Defendant: (a) recommended a victim D (year 42) to talk on the paths front of the Ciplomatic Association located in Yeongdeungpo-gu Seoul Metropolitan Government, for reasons of past vision; and (b) assaulted the victim’s face by taking the victim’s face into drinking.

2. Special intimidation: (a) the Defendant, at the same date, at the same time and place as described in paragraph (1), was removed from E, which was next to the above victim; (b) had the kitchen gate, which is a dangerous object in the kitchen of the above church, and had the kitchen knife, and threatened the above victim with the victim as they did.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. A witness D’s legal statement occurrence report (fence and special intimidation) and a written statement (D) and his defense counsel’s assertion that the Defendant and his defense counsel asserted that the Defendant did not have any fact when the victim’s face was several times and that there was no threat to the victim. However, according to the above evidence duly adopted and investigated by a member, in particular, according to the witness D’s legal statement (D’s legal statement is consistent with the investigative agency to this law and its details are consistent and specific, and it is recognized that credibility is recognized), the fact that the Defendant assaulted the victim and threatened the victim using the kitchen knife, which is a dangerous article, can be acknowledged as stated in the

Therefore, the defendant and defense counsel are not accepted.

Application of Statutes

1. Relevant Article 260(1) of the Criminal Act (the point of violence), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) and the selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant did not reach an agreement with the victim, and the age, character, conduct and environment of the defendant.