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(영문) 서울동부지방법원 2017.10.27 2017고정1070

폭행치상등

Text

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

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

Reasons

Punishment of the crime

1. On February 24, 2017, at around 15:40 on February 24, 2017, the Defendant injured the victim D (59 years of age) who is the parking manager of the said restaurant as a parking problem at the C cafeteria located in Songpa-gu Seoul Metropolitan City, and caused the victim's flab with flabing, and the victim was pushed over with the victim, and the victim was faced with the above restaurant table, and the victim was faced with approximately 21 days in need of medical treatment, and the victim suffered injury, such as a brain dynasium and the dynasium in both sides.

2. A special assault Defendant: (a) had the victim D and C with the time and place set forth in the above paragraph 1, and had the victim suffered injury; (b) tried to leave the above restaurant parking lot and to start a car in the Ecoon which is the Defendant’s vehicle; and (c) the victim was aware that the Defendant was behind the said car, even though the victim was unable to start the vehicle, the victim was aware of the fact that the Defendant was behind the said car, but the victim was driving the vehicle again, and the above Ccoon followeded the victim’s her arm on one occasion, and followed the said Ccoon with the victim’s mick.

Accordingly, the Defendant assaulted the victim using a passenger car, which is a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A criminal investigation report (to hear statements from a witness by telephone);

1. Application of five Acts and subordinate statutes to five photographs by 1 copy of CCTV images inside and outside a restaurant and by taking a course;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 262, 260(1), 257(1) (the point of causing violence) of the Criminal Act concerning the choice of punishment, Articles 261 and 260(1) of the Criminal Act concerning the selection of fines, and the selection of fines;

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. In light of the circumstances leading up to the Defendant to commit the instant crime, and the form, degree, etc. of assault, the circumstance and degree of the Defendant’s assertion in regard to sentencing under Article 334(1) of the Criminal Procedure Act.