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(영문) 서울남부지방법원 2018.02.09 2017고단5918

폭행등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 11, 2017, the Defendant: (a) 20:50 on the street in the front of Yeongdeungpo-gu Seoul Metropolitan City, the Defendant entered a restaurant operated by the victim D (the victim D, South Korea, and 52 years old); (b) however, the Defendant requested the victim D (the victim D) who was under the influence of alcohol to return home at the restaurant, coming to the city expenses of the victim D who was released out of the restaurant, and boomed the Defendant’s face, and boomed the victim F (the victim F (the victim F, South and 71 years old) to go beyond D, without any justifiable reason.

As such, the Defendant committed violence against the victims.

2. The Defendant: (a) assaulted D and F at the time, at the place, as described in paragraph (1) at the time, and at the place, as described in paragraph (1); and (b) the police officer affiliated with the Seoul Young-gu Seoul Young Police Station G District, who called upon 112, prevented the Defendant; (c) Had the Defendant at the point of right to the right bar while taking a bath to the said H.

As such, the Defendant assaulted police officers H and interfered with legitimate performance of duties concerning H’s crime prevention, maintenance of order, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A photograph of parts of the victim's body;

1. Application of each statute of the D and F

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (or choice of violence and fine) concerning facts constituting an offense, and Article 136 (1) of the Criminal Act (Obstruction of Performance of Official Duties and Selection of fine) concerning the selection of 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. Determination of punishment shall be made in consideration of the confession of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the beginning offender, the background of the crime, the degree of interference with the use of violence and official duties, the method and means of the crime, the circumstances after the crime, the age of the defendant, sexual behavior, etc.