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(영문) 서울동부지방법원 2016.03.30 2016고정30

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. In around 17:00 on July 13, 2015, the Defendant: (a) was at the entrance of the second floor music institute in Songpa-gu Seoul, Songpa-gu; (b) the victim B (n) who is the president of a private teaching institute (the 40 years of age), expressed his/her desire to “the son,” who is the president of a private teaching institute; (c) the victim was frighted into a drinking school; and (d) the victim was frighting into a drinking school; and (d) the victim frighted into a drinking school; and (e) the victim was frighted three times to the victim; and (e) the victim was frighted with a sound; and (e) the victim was frighted by frighting the victim.

Accordingly, the defendant assaulted the victim, and interfered with the victim's duties of music education institutes for about five minutes.

2. On July 13, 2015, around 17:00, the Defendant was arrested by a slope C, etc., who was in contact with a 112 report at the same place as paragraph 1 of paragraph 1 of the same Article, and was compelled to commit an act of assault, obstruction of duty, etc. and was transferred to the D District Unit in Songpa-gu Seoul on the same day at around 17:45, the Defendant was compelled to be transferred to the D District Unit in Songpa-gu Seoul on the same day.

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Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to written statements of victims C;

1. Article 314 (1) of the Criminal Act (the point of interference with business), Article 260 (1) of the Criminal Act (the point of violence) and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance in official document) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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. The Criminal Procedure Act of the Provisional Payment Order.